Solicitation

Solicitation to commit a crime is usually held to be punishable as a misdemeanor, though the offence solicited may not be committed; Com. v. Flagg, 135 Mass. 545; State v. Murphy, 27 N. J. L. 112; but it has been held otherwise, as, where a letter was written requesting one to commit murder, which never reached the person to whom it was addressed; 19 W. R. 109.

See Mc Dade v. People, 29 Mich. 50; Grady v. State, 11 Ga. 253.

If the offence requires the concurrent action of two or more persons, it is doubtful whether a solicitation of one person by another to commit the offence is in itself criminal; 1 Mc Clain, Cr. Law § 220. The offence of this character most frequently mentioned in criminal law books is what is termed solicitation of chastity. The asking a person to commit adultery or fornication of itself is not an indictable offence; Salk. 382; 2 Chitty, Pr. 478; Smith v. Com., 54 Pa. 209, 93 Am. Dec. 686; contra, State v. Avery, 7 Conn. 267, 18 Am. Dec. 105; Bish. N. Cr. L. § 768. The distinction is sharply drawn by the Pennsylvania case and the Connecticut case. In the latter, solicitation to commit adultery, which was a statutory felony, was held indictable, in the former where the offence was a misdemeanor, it was not. See also Whart. Cr. L., 9th ed. § 179, and a criticism thereon in Com. v. Randolph, 146 Pa. 83, 23 Atl. 388, 28 Am. St. Rep. 7S2. If both are punishable for adultery, solicitation to adultery may be a common law offence; otherwise if there is a mere invitation; Whart. Cr. L. § 2085. In England, the bare solicitation of chastity was punishable in the ecclesiastical courts; 2 Chitty, Pr. 478.

See 2 Ld. Raym. 809; Bish. Cr. Law § 767.

The civil law punished arbitrarily the person who solicited the chastity of another; Dig. 47.

11. 1.

The solicitation of a bribe is not an attempt to receive a bribe; State v. Bowles, 70 Kan. 821, 79 Pac. 726, 69 L. R. A. 176.

See note in 25 L. R. A. 434.

The term solicitation is also used In connection with other offences, as, solicitation to larceny, sodomy, bribery, threatening notice.

1 Bish. Cr. L. § 767.

Under the stat. of 24 & 25 Viet. c. 100, 8 4, whoever shall solicit any one to murder any other person, shall be guilty of a misdemeanor. Under this act the editor of a German paper in London was indicted and found guilty, for having published an article commending the assassination of the em- 768a. Goliclta^ion and an offer of money to commit murder, meet the test of a common-law crime (see Misdemeanor), constituting an act done, a step in the direction of that crime; Com. v. Randolph, 146 Pa. 83, 23 Atl. 388, 28 Am. St. Rep. 782. On an indictment for solicitation to commit arson, evidence that the prisoner solicited other parties to burn the same building is admissible; Com. v. Hutchinson, 19 Pa. Co. Ct. Rep. 360.