Weitzel

The defendant was convicted of bribery under the first and third counts of an indictment, based on section 165 of the Penal Code of the state of California. Upon appeal, the district court of appeal, second appellate district, division one thereof, reversed the judgment. A petition for hearing was filed in this court by the Attorney-General, which petition was granted.

As stated in the opinion of the district court of appeal, the evidence sufficiently discloses that the defendant, on or about the twentieth day of June, 1923, was a duly elected, qualified and acting member of the common council of the city of San Diego, and that on that day he offered to one Ed Fletcher and Charles F. Stern to cast his official vote in said common council in favor of the purchase by the city of San Diego of Cuyamaca Water Company, in consideration of the payment to him of the sum of $100,000. The evidence, introduced under a separate count of the indictment, also is sufficient to prove that on the twenty-third day of June, 192'3, while still a member of the common council, he offered to one Ed Fletcher, in consideration of the payment to him of the sum of $4,000, to cast his official vote as…