People v. Superior Court (Anderson)

Penal Code section 69 prescribes punishment for “[e]very person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law.” The superior court has ruled this section overbroad because it could be used against one who threatened lawful conduct, such as to file a lawsuit or run for elected office. The People seek to cure this overbreadth by a narrowing construction which makes the statute applicable to threats of violence but not to threats of lawful conduct. We accept the People’s construction, and issue peremptory writ of mandate.

Real party in interest Nathaniel Anderson, also known as Charles Windsor, was charged by complaint with threatening Mayor Dianne Feinstein, in violation of Penal Code section 71. Evidence presented at the preliminary examination showed that he had written a letter demanding the mayor’s resignation and threatening to kill her if she did not resign. Though the letter was found in an envelope addressed to “The Retired Officers Assn.” at San Francisco Post Office Box 1948, the recipient forwarded it to the mayor’s office. The magistrate held real party to…