Cohen v. United States

DENISON, Circuit Judge.

Cohen was convicted of violating section 39 of the Criminal Code (Comp. St. § 10203) by offering and giving a bribe to one Flora, a prohibition agent, to induce him not to prosecute Cohen for having violated the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138% et seq.). The reversal is sought for three reasons: (1) The indictment did not allege that the bribe was given with regard to a matter pending before the prohibition agent; (2) the indictment did not allege that Cohen knew that Flora was a prohibition agent; (3) the case was one of entrapment.

The…