How has the federal court overturned a conviction on a charge of gratuity in a criminal conspiracy and bribery case?

Appellant was tried before a jury and was acquitted of the conspiracy and bribery charges, but was convicted of the gratuity charge. On appeal this court reversed the conviction on the gratuity charge and ordered that count of the indictment dismissed. United States v. Harary, 457 F.2d 471 (2d Cir. 1972). The court held that the district court had erred in submitting the lesser included gratuity offense to the jury, because there was no disputed factual element that would have allowed the jury rationally to conclude that appellant was guilty of the lesser offense but not of the greater offense of bribery. Id. at 477-78.