Pennell

Defendant is charged by an indictment with the interstate communication of a threat to injure another in violation of Title 18 United States Code, § 875 (c).

The charging portion of the Indictment: reads as follows:

Defendant has made a motion to dismiss the indictment on the ground that it “does not state facts sufficient to constitute an offense against the United States.”

In support of his motion, defendant has advanced two arguments. They are:

1. That under § 875(c) of Title 18 United States Code, a threat to injure, in and of itself, does not constitute an offense, but to be an offense the threat to injure must be coupled with an intent to extort money or other thing of value; and

2. That the letter in question does not contain a threat to injure the person of another.

Both the defendant and the Government have submitted to the Court their respective positions in connection with defendant’s motion. No case authorities dealing with the precise points raised by defendant have been submitted by either party, and none has been found by the Court. It is, therefore, necessary to make an initial examination of the statute in question in the light of the arguments advanced by…