People v. King

GRIFFIN, J.—

Defendant and appellant was tried on an information charging him with the crime of extortion (violation of Pen. Code, § 518). When arraigned he admitted a prior conviction of a felony (attempted extortion).

The charge was that on June 5, 1950, defendant, by force and fear, obtained $4,000 from one Warden E. Myers by wilfully and unlawfully threatening said Myers that unless he paid over to defendant said sum defendant would expose and impute to Myers a crime, to wit, violation of section 288a of the Penal Code. A jury verdict resulted in a conviction. Defendant appealed and now concedes that the evidence is sufficient to show that the crime of extortion has been sufficiently established, but claims that he had no part in it and that the evidence produced by him as to his claimed alibi should not only have raised a reasonable doubt in the minds of the jurors but his alibi was actually established by a preponderance of the evidence.

The complaining witness, a retired railroad employee, aged 73 years, who was on June 2,1950, employed as night clerk in a hotel, was proceeding to the public library through the park in Riverside shortly before noon. There he had occasion to go to the restroom. He went inside of one of the three enclosures and soon thereafter a man who occupied the next enclosure stuck his fingers through a hole drilled in that dividing partition and suggested some sexual familiarity. Soon thereafter, as the complaining witness left the restroom, this person came up to him, showed him a badge inscribed “Riverside Detective,” and told him he was under arrest and to come with him. They proceeded across the street where an accomplice was standing who was introduced as the “sergeant.” The “sergeant” took charge of the complaining witness. The other man stated that he was going to the police station and file charges against the complaining witness. The “sergeant” inquired of Myers his name, where he lived, and asked other personal questions. After walking a short distance, a third person approached them, whom the complaining witness

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identified as the defendant King. The “sergeant” told Myers: “There comes another officer.” After some conversation, the “sergeant” said to defendant: “All right, put the cuffs on him and we will take him to jail.” They took the complaining witness to his home. His wife was away at the time. After some conversation they threatened to take Myers to jail. However, after some admonition and promises made to the complaining witness that they would see what they could do to have the case dropped, they left. On June 5, about 1 or 1:30 p.m. the “sergeant” and defendant King contacted Myers at his home and told him that “somebody has reported this to my chief, and now I got to take you to jail.” After considerable conversation about the complaining witness’ putting up bail Myers offered to draw a draft payable to the city of Riverside for $4,000. This was refused. After disclosing the fact that the complaining witness had $4,500 in a bank in a joint savings account with his wife, the defendant King went to the bank with the complaining witness. Pour thousand dollars in $100 bills was drawn from the account. King left the bank with the complaining witness and crossed over to the courthouse. As they were about to enter, the “sergeant” came towards them, told them to go back because there were a couple of newspaper photographers who wanted to take the complaining witness’ picture. Thereafter, the “sergeant” told the complaining witness to give the bond money to defendant King. This was done and the witness went home awaiting further instructions as to the time of trial. About the 19th of the month someone called the complaining witness and told him that his bond had been forfeited. He then went to the police station and found that there was no record of such a charge or of such a bail forfeiture. About June 30, Myers identified King at the police station as the same person to whom he had handed the money. The identification of King in this transaction by Myers and at the times mentioned, was most positive.