Seeber

Harry Oliver Seeber herinafter the defendant) appeals from a judgment of conviction upon a jury verdict. The indictment contained four counts. The first three charged defendant with “transmit [ting] in interstate commerce * * * communication [s] containing * * * threat[s] to injure the person of another * * * in violation of the Federal Extortion Act, 53 Stat. 743 (1939), particularly 1(a) thereof, [ 18 U.S.C. § 875 (c)]. The last charged the defendant and his wife jointly with a conspiracy to violate that section.

. , , The conspiracy charge was eliminated at the conclusion of the government s case in chief, when the court granted Mrs. Seeber’s motion ,for acquittal on Hie ground of lack of evidence. The trial defendant continued and he was found guilty on all three substantive counts.

Defendant’s points on appeal relate principally to rulings on evidence and the giving and refusal to give several instructions. They do not include an assignment that the evidence was insufficient to sustain the verdicts, and indeed the proof of defendant’s guilt was over-whelming,

. Thus it appears that during the night of March 2-3, 1962, the defendant made three telephone calls from Phoenix,…