William Kale - Page 11

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          verdict of guilty was necessarily rendered.  Commissioner v.                
          Sunnen, 333 U.S. 591 (1948).                                                
               In petitioner’s criminal trial, the judge instructed the               
          jury that in order to find petitioner guilty of conspiracy, the             
          jury had to find, among other things:                                       
               Secondly, that * * * [petitioner] intentionally,                       
               willfully, became a member of that conspiracy;                         
                    That thereafter one of the conspirators committed                 
               at least one - not all, but at least one - of the overt                
               acts charged in the indictment at or about the time and                
               place alleged;                                                         
                    Fourth, that such overt act was done in                           
               furtherance of some object or purpose of the                           
               conspiracy; and                                                        
                    Fifth, that one of the conspirators did something                 
               on or after February 4, 1981, to further some aspect of                
               the conspiracy, that is, to accomplish one or more of                  
               its purposes. [Emphasis added.]                                        

          There are 55 overt acts found in the bill of indictment relating            
          to the count of conspiracy.  The large majority of those acts are           
          not bribery payments to petitioner.  Some of the acts are bribe             
          payments from Toll to Suval which occurred after February 4,                
          1981.  Some of the acts are meetings between Toll and Suval which           
          occurred after February 4, 1981.  In order to reach the verdict,            
          the jury was only required to find that one of the conspirators--           
          Toll, Suval, or petitioner--performed one of these 55 overt acts,           
          and that one of the conspirators did something to further the               
          conspiracy after February 4, 1981.  The jury was not, however,              
          required to find that petitioner actually received bribe payments           




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