Tonielli

The defendant was convicted of an attempt to extort money by means of a threatening letter. From the judgment rendered in the premises, and from an order denying his motion for a new trial, he appeals.

One ground of alleged error is the insufficiency of the information as against a demurrer interposed thereto. The part of the pleading attacked material to this controversy reads:—

Extortion is defined by the Penal Code as follows:—

The appellant claims that the information does not contain facts sufficient to constitute the offense charged.

The defendant is specifically charged in the information with sending a letter to E. Larcher, which expressed and implied, and was adapted to imply, a threat to impute to him disgrace and to expose the same (which letter, as set out in the pleading, purports to have been subscribed by the defendant), and was so sent as charged, with the felonious intent to extort money from Larcher. The defendant was convicted as charged under section *278 523 of the Penal Code, which is: “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,…