People v. Pic'l
Supreme Court of California
646 P.2d 847 (1982)
After his car and equipment were stolen, Douglas Kerhulas cooperated with police to catch the thieves. An anonymous caller offered to return the stolen property in exchange for money and Kerhulas's promise not to prosecute. Attorney Dean Pic'l (defendant) drew up a non-prosecution agreement, took $2,500 from Kerhulas, and led him to the stolen goods, all while police monitored. Pic'l was charged with several crimes including bribing a witness; the trial court dismissed the bribery charges, reasoning (in part) on the theory that Kerhulas never truly agreed to follow through. The prosecution appealed the dismissals.
Whether a bilateral agreement by both parties to go ahead with the proposed action in exchange for an attempted bribe is a required element of a bribery charge.