Fox

By an indictment Frederick M. Fox and his wife, Susan, were charged in Count I thereof with the crime of violating section 523 of the Penal Code, sending a threatening letter with the intent to extort money from one John Graffigna by threatening to expose him to disgrace and threat ening the exposure of secrets affecting him. In Count II of the indictment Frederick alone was charged with a violation of section 217 of the Penal Code in that he assaulted Graffigna with the intent to commit murder. A motion to set aside the indictment on the grounds of insufficiency of the evidence, as well as a motion for separate trials, was denied. The case then proceeded to trial before a jury which returned verdicts finding both defendants guilty as charged in Count I, and the defendant Frederick not guilty as charged in Count II. Probation was denied, as was defendants’ motion for a new trial. Thereafter a letter was filed by Frederick in which he stated, “I wish to appeal my case.” Nothing was filed on behalf of Susan, nor did she herself take any further action. However the brief filed by Frederick purports to be on behalf of both defendants. Under such circumstances it would appear that the…