Belitch

The indictment in this case is certainly defective, in not charging that some valuable thing as a promise was offered.

Bribing at common law is a misdemeanor and in strict sense, says Hawkins, “ is taken for a great misprision in one in a judicial place taking any valuable thing except meat and drink of small value of any man who has to be before him in any way, for doing his office, or by color of his office.” Roscoe’s Crim. Ev. 326. 4. Black Com. 139. Judicial Law Dict. vide “ Bribing.”

This valuable thing has been specified in the 85th section of the Act concerning Crimes and Punishments passed April, 16, 1850. Comp. Stat. 654, as follows: " If any person shall directly or indirectly give any sum or sums of money, or any other bribe, present, or reward, or any promise, contract, obligation or security for the payment of any money, present or reward or any other thing, to any Judge, Justice of the Peace, District, or County Attorney,” &e.

The 86th section, then makes “ an attempt or offer to bribe” an *89 offense, and punishes it by fine and disqualification to hold office. It hence appears that before a conviction can be had for an attempt or offer to bribe, some act must be…