Sanders

The appellant herein was tried and convicted upon the charge of extortion. In his appeal from the judgment entered upon such-conviction he makes two main contentions as grounds for the reversal of such judgment. These are, first, insufficiency of the indictment; second, insufficiency of the evidence to sustain the verdict and judgment of conviction.

The defendant, with three other persons, whose names were Claude Morton, William W. Swan, and Lee Yarain, were accused by the grand jury of the county of Los Angeles, by indictment, of the crime of extortion. The charging part of said indictment, which the appellant claims to be insufficient to charge said crime, reads as follows:

It is the appellant’s contention that the foregoing language in said indictment fails to sufficiently charge him with the crime of extortion as defined in sections 518 and 519 of the Penal Code. These sections of the code read as follows:

The appellant contends that the foregoing language of said indictment does not sufficiently set forth any threat on the part of the appellant or his associates, either to (1) accuse the prosecuting witness of any crime, or (2) to do an unlawful injury to his person; or…