Rizotto

People v. Rizotto

Good Law
1916 Cal. App. LEXIS 121·30 Cal. App. 616·159 P. 199
Court of Appeal of CaliforniaJune 1, 1916Crim. No. 464.California915 words

Opinion

Lead Opinion

Shaw, J.

Section 523 of the Penal Code provides that, * ‘ Every person, who with intent to extort any money or other property from another, sends or delivers to any person any letter or other writing, whether subscribed or not, expressing or implying, or adapted to imply, any threat such as is specified in section five hundred and nineteen, is punishable in the same manner as if such money or property were actually obtained by means of such threat.” And section 519 of the Penal Code provides that “Fear, such as will constitute extortion, may be induced by a threat, either: 1. To do an unlawful injury to the person or property of the individual threatened, or to any relative of his, or member of his family;

By an information filed by the district attorney defendant was charged with the offense defined by said section 523 of the Penal Code, in that, with intent to extort money and property from one Dominick Lauricella, he sent him “a certain letter and writing, which said letter and writing did then and there express and imply and was adapted to imply a threat to do an unlawful injury to the person and property of the said Dominick Lauricella, which said letter and writing was then and…

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