People v. Peppercorn

WOOD, Acting P. J.

J.—This is an appeal by the People from an order of the superior court sustaining the demurrers to the second amended indictment. Twelve counts are set forth in the indictment. In count I defendants are charged with the crime of conspiracy to violate section 518 of the Penal Code, in each of counts II to XI, inclusive, the defendants are charged with the crime of extortion and in count XII they are charged with attempted extortion.

In count I it is charged that defendants “did wilfully, unlawfully and feloniously conspire, combine, confederate and agree together and with divers other persons, whose true names are to the Grand Jury unknown, to obtain the property of other persons; namely, W. L. Keen, Golden State Tailor Service, a corporation, Samuel Schein, Edward Nober, Martin Reisner, Pacific Coast Clothing Co. Inc., a corporation, D. M. Levine, H. S. Salina, Steven Fusco, Paramount

[605]

Tailors Ine., a corporation, Pose Liotta, Anthony Biley, Marblestones Inc., a corporation, J. Auster, and other persons whose true names are to the Grand Jury unknown; with the consent of the above mentioned persons, other than said conspirators, which was induced by the wrongful use of force and fear by then and there wilfully and feloniously threatening said persons other than said conspirators that unless they did then and there pay over and deliver to Local 278 of the Amalgamated Clothing Workers of America and the defendants herein, the sum of Three Hundred Dollars ($300.00) or did then and there pay over to a proposed employers’ association; which said proposed employers’ association was being formed at the instigation and demand of the defendants herein and was the agent of the defendants herein; for the benefit of these defendants and Local 278 of the Amalgamated Clothing Workers of America, the sum of One Hundred Fifty Dollars ($150.00), that the aforesaid defendants and conspirators would do an unlawful injury to the persons and property of said persons above mentioned other than the defendants and conspirators herein, by then and there causing bodily harm to come to said persons and also by then and there causing injury and damage to be inflicted upon the property of said persons above mentioned, other than the defendants and conspirators herein.”

The rights of ■ workmen to strike and to negotiate with employers for the purpose of averting a strike are not involved in this prosecution. It is conceded by the attorney-general that if the indictment contained nothing more than averments showing a labor dispute in which employers were required, in order to avert a strike, to enter into a contract with an association or proposed association and to deposit a cash bond to secure the performance of their agreements, a public offense would not be alleged. But such averments are not the only ones contained in the indictment, for it is charged that defendants threatened that unless the cash deposit or bond be given they would do an unlawful injury to the parties named in the indictment by “causing bodily harm to come to said persons and also to then and there cause injury and damage to be inflicted” upon their property. The rights of workmen to strike and to negotiate with employers for the purpose of averting strikes are uni