GRAHAM V. UNITED STATES
187 F.2d 87 (1950)
NATURE OF THE CASE: Graham (D) challenged his convictions for grand larceny under D.C.
Code Ann. 22-2201 (1940)
FACTS: Graham (D) was an attorney. A Francisco Gal had been arrested and charged with
disorderly conduct. Gal was seeking American citizenship and was apprehensive that his
arrest would impede or bar that goal. Gal did not have a good command of the English
language. At trial, Gal testified that D would charge him $200 and that he would have to pay
an additional $2000 for the police and that Gal should not mention the payment to the
police. Gal paid D $300 and another $1,900. The police officer who originally had arrested
Gal testified that he came to D's office and after talking with D, told Gal that he wasn't
in any trouble. The officer testified that D did not then or at any time offer or give him
money. D testified that the entire payment was intended as a legal fee for services
rendered. D was convicted and appealed. D contends that Gal voluntarily gave complete title
to the money and therefore D is entitled to a directed verdict; and, second, that the trial
court's charge to the jury was erroneous in not sufficiently distinguishing between the
situation where one obtains complete title to another's property by fraud or trick and the
case where possession only is obtained.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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