Ruscoe

The Case

By information, defendant James Robert Ruscoe (hereinafter defendant or Ruscoe) was charged with extortion in violation of Penal Code section 518 (count I) and with grand theft in violation of Penal Code section 487, subdivision 1 (count II). An amendment to the information alleged three prior felony convictions (grand theft—July 1965; grand theft—Dec. 1965; and interstate transportation of forged securities—Dec. 1972).

Defendant pleaded not guilty to both counts but admitted the prior felony convictions. Jury trial resulted in a not guilty verdict upon count I (extortion) and a guilty verdict upon count II (grand theft). Defendant’s motion for a new trial was denied and he was sentenced to state prison for the term prescribed by law.

Defendant appeals from the judgment of conviction.

Background

In the spring of 1974, KHJ radio station conducted the “Cash Call Contest” which gave rise to the criminal charges. Basically, the “contest” operated as follows: a person’s name and telephone number were put on a card. Several cards were placed in the box of the disc jockey on duty. About once an hour, the disc jockey would announce the exact amount of the jackpot of…