Frazer

This appeal is from a judgment convicting the defendant of the crime of bribery and from an order denying his motion for a new trial.

The facts were as follows: The defendant was a traffic officer of National City, California; on September 17, 1925, the defendant, together with a fellow-officer, John J. La Porte, arrested one C. C. Young, the chauffeur of Mrs. Arthur Jacobs, on a charge of reckless driving and also on a charge of drunkenness on the streets, in violation of a city ordinance. Waiting some little time after the arrest, according to her testimony, Mrs. Jacobs approached the defendant and asked how she might get her chauffeur out of jail. She was told that the bail was one hundred dollars and that the defendant could not take a check for bail. She then says she asked the defendant to drive her to the Grant Plotel in San Diego, where she might cash a cheek through the manager of the hotel; that upon arriving at the hotel they found the manager to be out, whereupon she asked the defendant if he would accept a cheek for fifty dollars in addition to her cheek for one hundred and was told that he would not, but he did agree to accept a check for one hundred dollars in…