Graham v. United States

187 F.2d 87 (1950)

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Nature of the Case

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Facts

Graham (D) was an attorney. A Francisco Gal had been arrested and charged with disorderly conduct. Gal was seeking American citizenship and was apprehensive that his arrest would impede or bar that goal. Gal did not have a good command of the English language. At trial, Gal testified that D would charge him $200 and that he would have to pay an additional $2000 for the police and that Gal should not mention the payment to the police. Gal paid D $300 and another $1,900. The police officer who originally had arrested Gal testified that he came to D's office and after talking with D, told Gal that he wasn't in any trouble. The officer testified that D did not then or at any time offer or give him money. D testified that the entire payment was intended as a legal fee for services rendered. D was convicted and appealed. D contends that Gal voluntarily gave complete title to the money and therefore D is entitled to a directed verdict; and, second, that the trial court's charge to the jury was erroneous in not sufficiently distinguishing between the situation where one obtains complete title to another's property by fraud or trick and the case where possession only is obtained.