In Re Berman

The petitioner seeks to be released from custody of the sheriff of Los Angeles County through a writ of habeas corpus. A plea of once in jeopardy and acquittal was interposed in the Superior Court, and thereafter a motion to dismiss was made, and was denied. The facts upon which the plea "was based were stipulated to be that the substantive offense of bribery charged in the indictment under which the petitioner is now held (being herein referred to as indictment No. 35221) is also pleaded and charged in another indictment (herein referred to as indictment No. 35361) upon which the petitioner was tried and acquitted. The charge under indictment No. 35361 was tried and pursuant to section 1099 of the Penal Code was dismissed as to the defendant Berman.

It appeared that indictment No. 35361 charged the defendant with “conspiracy to commit the crime of giving and offering a bribe in violation of the provisions of section 67 of the Penal Code, a felony, and the crime of asking, receiving and agreeing to receive a bribe in violation of the provisions of section 68 of the Penal Code.” Indictment No. 35221 charges the petitioner and others with the crime of bribery. The facts necessary…