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Graham v. United States

United States Court of Appeals for the District of Columbia
187 F.2d 87 (1950)


Francisco Gal sought legal advice from attorney Graham (defendant). Gal, an immigrant seeking American citizenship, had been arrested and charged with disorderly conduct and had forfeited $25 as collateral. Gal was concerned that the arrest would impede or bar his citizenship process. Gal testified that Graham informed him that he was unsure what he could do for him, but that he would speak to the arresting policeman and that “you have to pay money for that, because the money is talk.” Gal also testified that Graham told him that he would charge Gal $200 for a fee and $2,000 to pay the policeman. After Gal paid $300 one day and $1,900 the following day, Graham spoke with the arresting officer, but no money was ever exchanged. Graham testified that the entire payment he received was intended to be a fee for legal services, that he never mentioned paying money to the officer, and that no portion of the funds was ever paid to the police or anyone else. Graham was convicted in two counts of grand larceny under § 2201 of Title 22 of the District of Columbia Code and he appealed.

Rule of Law


Holding and Reasoning (Washington, J.)

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