People v. Williams

GAROUTTE, J.

Defendant Elsie Williams and one Azhderian were jointly charged, tried, and convicted of the crime of extortion. The gist of the charge is that said defendants did extort from W. A. Eevilles two - thousand dollars through fear upon his part induced by threats of defendants that they would publicly accuse him of adultery with defendant Williams.

The defendants asked the court to give the jury the following instruction; “If the money was given to Mrs. Williams by reason of love or alfection, or by reason of the past relations

[214]

existing between the said Mrs. Williams and the said Nevilles, or in settlement or compromise in whole or in part of a suit either begun or threatened, then I charge you that such payment is not extortion, and the defendants must be acquitted.” This instruction was given as asked, but the following addition was made thereto by the court: “But, if the threat and fear mentioned in the indictment formed any part of the inducement to any such transfer of money, then the receipt of it would constitute the crime of extortion, and the person who received it, as well as any others who were concerned in the commission of such crime, .... would he guilty of the crime charged.” After the jurors had retired to deliberate upon their verdict they returned to the court for further information, whereupon the court, among other matters, stated to them as follows: “The fear that the threat would be carried out, if there was a threat, must have become a part at least of the reason for the payment of the money. It may be that there would be half a dozen reasons for a man to pay out money, which there would be no crime in receiving at all, but if a threat had been made such as charged in the indictment, and fear that such threat would be carried out forms a part of the reason for the payment of the money, then the crime of extortion would he accomplished.”

The foregoing instructions do not correctly present the law of extortion. The conditions therein existing may have been disclosed by the evidence, and still the defendant be not guilty. Measured by these instructions, if the fear of the prosecuting witness induced by the threats of defendants entered to any extent whatever into the parting by him with his money, then the crime of extortion was committed. This cannot be a sound declaration of law. If the fear working upon the mind of the prosecuting witness by reason of these threats formed but the slightest part of the operating cause which induced Nevilles to part with his money, then no extortion was committed. If affection or sympathy upon the part of Nevilles for this defendant was the principal reason which induced him to part with his money, then there was no crime. In other words, our statute, section 518 of the Penal Code, defining extortion, says: “The crime is only committed when the property is obtained with the