People v. Turner

BARNARD, P. J.

The appellant and his wife, Lovie Turner, were jointly charged with the crime of extortion and jointly tried. A jury acquitted the wife and convicted the husband, who has appealed from the judgment and from an order denying his motion for a new trial. The only point raised is that the evidence is not sufficient to sustain the judgment.

There is evidence of the following facts: On the evening of February 23, 1937, Elmer Johnson, the complaining witness, returned to his home where he lived alone and about 7 o’clock Lovie Turner came to his house. On the same evening the appellant and three other men came to Johnson’s house, arriving there between 7:30 and 8 o ’clock. The appellant kept out of sight while the other men went to the house and borrowed Johnson’s shotgun, saying they wanted to shoot some ducks. A few minutes later Johnson saw the appellant, whom he had never seen before, looking in at a window. The appellant said to Johnson: ‘ ‘ Sit easy, the guns are on you and the house surrounded with men” and then remarked that he wanted to come in. The appellant entered the house, told Johnson not to move, and said: “If you do you will get killed with your own gun. The guns are on you from the outside. Now you are going to jail”. After telling Johnson that three guns were on him from the outside the appellant pulled out his knife, opened it, whetted it on his hand, threatened to cut his wife’s throat and told Johnson that he wanted $41. Johnson said he did not have that amount with him but that he could get it by the next night. The appellant then told him to have that amount at the postoffice in Calipatria by 7:30 on the next night, and then said: “Be there. If you ever tell this I will kill you if I have to lay on the ditch bank for a year to do it”. After further conversation Johnson left to do some irrigating for his employer, leaving the husband and wife in the house. Shortly thereafter the three men who had said they were go

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ing duck hunting returned to the house and then left the place, the appellant and his wife going with them. The following evening Johnson met the appellant and Lovie Turner at the postoffiee in Cal ip atria and Johnson indorsed his paycheck in the sum of $21 and, at appellant’s direction, gave the check to Lovie Turner. She indorsed the check in Johnson’s presence and appellant told her to cash it at a near by drug store. She tried this without success. Johnson testified that he gave this $21 check to the appellant because he was afraid of his life. Johnson agreed to meet the appellant at the same place on the next night and to bring the other $20. Before that time the appellant and his wife were arrested, Johnson having reported the matter to the officers. On the morning of February 25th, the appellant and his wife cashed the $21 check in a store at Calipatria, receiving some groceries and the balance in cash.