Brennan

People v. Brennan

Good Law
121 Cal. 495·1898 Cal. LEXIS 941·53 P. 1098
Supreme Court of CaliforniaJuly 21, 1898Crim. No. 364California2,038 words

Opinion

Lead Opinion

Temple, J.

An information was filed in the superior court of the city and county of San Francisco which accused defendant “of the crime of felony,” to wit, extortion, in that he, with intent to extort money from one Theresa Tarpey, willfully, unlawfully, and feloniously, sent her a letter which expressed and implied a threat to do her person an unlawful injury. The letter is set out in full.

The defendant was convicted, and this appeal is taken from the judgment and from the order denying his motion for a new-trial. At the proper time the defendant moved the court to. set aside the information because it did not comply with certain sections of the Penal Code, hut he did not demur.

It is now contended that the information attempts to charge two offenses, and charges neither effectively. This claim is founded upon the use of the word “extortion” in the general designation of the offense with which the accusation opens. The word can he eliminated and the information will still he good. Regarded as a charge of sending a threatening letter with intent of extorting money, the information seems all that can he re *497 quired. And it is plain that there is no attempt to charge any other offense.…

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