Francisco

The defendant was charged by an information filed in the Superior Court of Monterey County with the crime of extortion, to which he entered a plea of not guilty. A jury returned a verdict of conviction, and he Las appealed from the judgment entered thereon.

As grounds for his appeal it is. alleged that the information failed to state facts constituting a public offense; that the verdict is unsupported; that the court erred in overruling defendant’s objection to the introduction of certain evidence and in instructing the jury.

The information alleged in substance that defendant feloniously extorted and obtained from Josephine M. Marks a sum of money by falsely representing himself to be a public officer, and threatened to cause her arrest for illegally possessing intoxicating liquor in case the amount was not paid, and that the payment was induced by defendant’s threats and the unlawful use of fear.

Section 518 of the Penal Code defines extortion as follows: “Extortion is the obtaining of property from another with his consent induced by a wrongful use of force or fear or under color of official right.” The information failed to allege that the money was obtained with the…