United States v. Harold Dawson

This is an appeal from a one-count conviction of bribery ( 18 U.S.C. § 201 (d)). Appellant was found guilty of making an offer of money on January 4, 1973, with the intent to influence the testimony, under oath, of defendant’s brother, Earl Dawson, respecting the burglary of the United California Bank in Laguna Niguel, California, which had occurred on March 25-26, 1972.

There are three issues raised by appellant. We use our own language to describe them:

1. In withdrawing from the trial jury’s consideration (for lack of evidence) a portion of the indictment under which defendant was tried, did the trial judge amend the indictment in violation of defendant’s Fifth Amendment right not to “be held to answer for . . . [an] infamous crime, unless on . indictment of a Grand Jury”?

2. Did the seizure, and subsequent admission into evidence, of defendant’s hand printed note, taken from him in the visiting room of a prison in which defendant was incarcerated, constitute a violation of either defendant’s Fourth Amendment right to be free from unreasonable searches and seizures, or his Fifth Amendment right not to be compelled to give self-incriminating testimony?

3. Did the…