Vincilione

The defendant was indicted by the grand jury of Marin county for the crime of offering a bribe to a judicial officer. Upon his trial the defendant was found guilty, and his appeal is from the judgment and the order denying him a new trial.

It was evidently the purpose of the indictment to charge a violation of section 92 of the Penal Code, which makes it a felony for any person to give or “offer to give a bribe to any judicial officer,” with the intent to influence his decision upon any matter which is before him for decision.

It appears from the indictment that on the second day of August, 1909, one J. F. Renner was the duly elected, qualified and acting justice of the peace in and for Sausalito township in the county of Marin, and that there was then and there pending before said Renner, as justice of the peace, a certain clause entitled, “The People of the State of California vs. Jane Doe Biggeo,” wherein the defendant Biggeo was represented by Paul A. Yinoilione, the defendant here, in his professional capacity of attorney and counselor at law. That portion of the indictment which describes the bribe and alleges the offer thereof charges, in, substance, that the defendant,…