Opinion

United States v. Theodore J. Isaacs and Otto Kerner, Jr.

  • 493 F.2d 1124
  • 1974 U.S. App. LEXIS 9443
Court
Court of Appeals for the Seventh Circuit
Filed
Mar 28, 1974
Status
Published
On the bench
Johnsen, Lumbard, Breitenstein
Cited by
312 cases

where an Illinois bribery statute was found not to contain a quid pro quo requirement and the court cited Lapham for the proposition that: “no particular act need be contemplated by the offeror or offeree [of the bribe]. There is bribery if the offer is made with intent that the offeree act favorably to the offeror when necessary”

How later courts described this case

  • where an Illinois bribery statute was found not to contain a quid pro quo requirement and the court cited Lapham for the proposition that: “no particular act need be contemplated by the offeror or offeree [of the bribe]. There is bribery if the offer is made with intent that the offeree act favorably to the offeror when necessary”
  • affirming admissibility of Illinois Racing Board members’ testimony regarding the steps they would have taken had they known of a concealed interest in certain matters
  • “[W]hen ... defendants challenge joinder and do not restrict their attack to those offenses which pertain solely to them, Rule 8(b) applies” (emphasis supplied).
  • joinder under Rule 8 proper where the "underlying crime generated the income tax violations"

Written by the judges who cited it.

The opinion

PETITION FOR REHEARING

ORDER

1. The petition for rehearing of defendant-appellant Theodore J. Isaacs is denied.

2. The petition for rehearing of defendant-appellant Otto Kerner, Jr., is denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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