People v. Choynski

Citations

• 95 Cal. 640
• 30 P. 791
• 1892 Cal. LEXIS 878

Syllabus

<p>Criminal Law—Threatening Letter — Intent to Extort Money-Information—Contents of Letter — Adaptation to Imply Threat. — An information charging the defendant with sending a threatening letter with intent to extort money, which sets forth the letter, wherein defendant asked the person addessed to take some matter off from his hands which he had written for and in his behalf as the editor of a newspaper, and relieve him from further responsibility, and stating that he would go to press the next day, and which charges that the writing was adapted to imply threats, is sufficient to charge the offense. It is not necessary that a threat should be apparent from the face of the letter, nor that it should be implied therefrom; but it is sufficient that the language used is adapted to imply a threat.</p> <p>Id,—Instruction—What Threat Letter must be Adapted to Imply. — An instruction to the jury, to the effect that it is not necessary to specify the offense imputed to the person to whom the letter is sent, but that if it does express or imply, or is adapted to imply, “any threat,” the offense is committed, is too broad. The letter must be adapted to imply one or more of the threats mentioned in section 519 of the Penal Code, or the offense is not committed.</p> <p>Id.—Truth or Falsity of Charge Immaterial.—In a criminal prosecution for the sending of a threatening letter with intent to extort money, the truth or falsity of the charge is immaterial, and it is not necessary to instruct the jury upon such matters.</p> <p>Id. —Elements of Offense. — An instruction to the jury, to the effect that if the defendant is shown to be guilty of sending the letter, “ with the motive imputed, he is guilty of this offense, and should be found guilty, no matter as to the consequences, whatever they may be,” is erroneous. The court should have added, that it was not only necessary for the accused to have sent the letter, and have had the intent to extort, but that the letter must have been