O.C.G.A. § 16-10-4 (2019)
- Meaning of the offense set forth in former Code 1933, § 26-2301 (see now O.C.G.A. § 16-10-2(a)(2)) was dependent upon language of paragraph (a)(1) of that section with respect to purpose for which person ‘‘solicits or receives’’ and was thus restricted to ‘‘influencing him in performance of any act related to functions of his office or employment’’ whereas former Code 1933, § 26-2304 (see now O.C.G.A
§ 16-10-4) included solicitation for sale of influence by perpetrating officer or employee, who might or might not be a member of the legislative body, on others,
members of the legislative body, to assure passage or defeat of legislation. Ansley v. State, 124 Ga. App. 670, 185 S.E.2d 562 (1971), cert. denied, 408 U.S. 929, 92 S. Ct. 2503, 33 L. Ed. 2d 341 (1972). Former Code 1933, § 26-2301 (see now O.C.G.A. § 16-10-2) was restricted to bribes to influence an official in performance of any act related to functions of the official’s office or the official’s employment, whereas former Code 1933, § 26-2304(b) (see now O.C.G.A. § 16-10-4(b)) included sale of official’s influence on others who are members of a legislative body. Ansley v. Stynchcombe, 480 F.2d 437 (5th Cir. 1973). Conviction under § 16-10-4 not necessarily inconsistent with acquittal under § 16-10-2. - From standpoint of conviction and acquittal, acquittal on count under former Code 1933, § 26-2301 (see now O.C.G.A. § 16-10-2) was not, as a matter of law, inconsistent and repugnant to simultaneous conviction on count under former Code 1933, § 26-2304 (see now O.C.G.A. § 16-10-4). Ansley v. State, 124 Ga. App. 670, 185 S.E.2d 562 (1971), cert. denied, 408 U.S. 929, 92 S. Ct. 2503, 33 L. Ed. 2d 341 (1972). Cited in Koehler v. Massell, 229 Ga. 359, 191 S.E.2d 830 (1972).
Annotations
RESEARCH REFERENCES Am. Jur. 2d. - 12 Am. Jur. 2d, Bribery, §§ 7, 8. C.J.S. - 11 C.J.S., Bribery, § 9. ALR. - Agreement to use one’s influence to have punishment for crime mitigated as contrary to public policy, 24 A.L.R. 1453. Furnishing public official with meals, lodging, or travel, or receipt of such benefits, as bribery, 67 A.L.R.3d 1231. Construction and application of § 2C1.1
of United States Sentencing Guidelines (18 USCS APPX § 2C1.1) pertaining to offenses involving public officials offering, giving, soliciting, or receiving bribes, or extortion under color of official right, 144 A.L.R. Fed. 615. Who is a public official within meaning of federal statute punishing bribery of a public official (18 USCA § 201), 161 A.L.R. Fed. 491.