Massengale

Oliver Massengale, Jr., and Charles Arthur Massengale appeal from the judgments following their convictions on separate charges as follows: Count I extortion of Myra Teed (Pen. Code, § 518), count II attempted extortion of Olive Fetherolf (Pen. Code, § 524), and count III obtaining a signature by extortionate means from Olive Fetherolf (Pen. Code, § 522).

The defendants pleaded not guilty, waived jury trial and submitted the matter on the transcript of the preliminary hearing. Motions for new trial were denied and the court sentenced appellants to one year in the county jail on counts I and II and 180 days on count III, all sentences to run concurrently. He then granted probation to each defendant (a period of two years for Charles and three years for Oliver) upon conditions, inter alia, that each spend the first 90 days in the county jail.

Defendants first contend that the evidence against each is insufficient as to each respective count to sustain the conviction of either.

The defendants Massengale forcibly entered upon the property surrounding certain single family dwellings and, over the objection of the elderly female occupants, trimmed trees and shrubbery,…