Nature of the Case
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Facts
McCormick (D) was a member of the West Virginia House of Delegates. D agreed to sponsor a bill to grant doctors a permanent medical license by virtue of their years of experience. D approached a lobbyist about the expenses of his 1984 reelection campaign, and D received 4 cash payments not reported as campaign contributions or as income on his tax returns. The doctor's lobby kept records of these cash payments, but only initials or other codes were entered into its books signifying that the money was for D. The bill was eventually enacted, and D received another cash payment from the doctors. D was charged with violation of the Hobbs act for extorting payments under color of official right. At trial, the jury had lot of difficulty with the definition of extortion and the court reread its jury instructions and added a significant edition. D was convicted on one out of the five counts. The appeals court rejected D's contention that conviction of an elected official under the Act requires, under all circumstances, proof of a quid pro quo, i. e., a promise of official action or inaction in exchange for any payment or property received. The Court of Appeals affirmed the decision; under the Hobbs Act, nonelected public officials could be convicted without proof that they granted or agreed to grant some benefit or advantage and that a public official should be held to the same standard. The Court granted review.
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