Choynski

People v. Choynski

Good Law
1892 Cal. LEXIS 878·95 Cal. 640·30 P. 791
Supreme Court of CaliforniaAugust 17, 1892No. 20756California940 words

Opinion

Lead Opinion

Garoutte, J.

The appellant was convicted of a felony, to wit, sending a threatening letter with intent to-extort money, and now prosecutes an appeal to this court from the judgment and order denying his motion for a new trial. The prosecution is based upon section 523 of the Penal Code, which reads as follows: “'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 519, is punishable,” etc. The letter sent by appellant, and upon which this, prosecution was founded, reads:—■

The demurrer to the information was properly overruled. It is not necessary that a threat should be apparent from the face of the letter, nor even necessary that it should be implied therefrom. The. statute says *642 •if the language used is adapted to imply a threat, then •.the writing is sufficient. Parties guilty of the offense here alleged seldom possess the hardihood to speak out ,boldly and plainly, but deal in mysterious and ambiguous phrases,—mysterious and ambiguous to the world at large, but read in the light of…

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