People v. Choynski
Before: Garoutte
Synopsis
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.
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.
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.
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 such a writing as was adapted to imply a threat, in order to justify a conviction.
Id. — Argumentative Charge — Résumé of Evidence — Matters of Fact.—A charge to the jury should not he argumentative, or give a résumé of the evidence, or encroach upon the right of the jury by passing upon matters of fact. The judge cannot be too cautious in a criminal trial in avoiding all interference with the conclusions of the jury upon the facts
Garoutte, J. The appellant was convicted of a felony, to wit, sending a threatening letter with intent to-extort money, and now prosecutes an appeal to this court from the judgment and order denying his motion for a new trial. The prosecution is based upon section 523 of the Penal Code, which reads as follows: “'Every person who, with intent to extort any money or other property from another, sends or delivers to any person any letter or other writing, whether subscribed or not, expressing or implying, or adapted to imply, any threat such as is specified in section 519, is punishable,” etc. The letter sent by appellant, and upon which this, prosecution was founded, reads:—■
“Office ‘Public Opinion,’ I. IT. Choynski,. Editor, 137 Taylor Street.
“ San Francisco, 20„2,.1890.
“ 0. Livermore, Esq.
“Dear Sir, — You will please take the matter I'have written for and in your behalf, and relieve me of any further responsibility. Respectfully, etc.,
“I. N. Choynski.”
“Will go to press to-morrow, Friday.”
The demurrer to the information was properly overruled. It is not necessary that a threat should be apparent from the face of the letter, nor even necessary that it should be implied therefrom. The. statute says [642]•if the language used is adapted to imply a threat, then •.the writing is sufficient. Parties guilty of the offense here alleged seldom possess the hardihood to speak out ,boldly and plainly, but deal in mysterious and ambiguous phrases,—mysterious and ambiguous to the world at large, but read in the light of surrounding circumstances ,by the party for whom intended, they have no uncertain meaning. In addition to matters of innuendo stated in ■■the information, it is charged in the language of the :statute that the writing was “ adapted to imply threats,” .and circumstances showing its adaptation t'o such purpose were entirely matters of evidence. We pass to a -consideration of the instructions of the court.
After reading the section of the code to the jury, heretofore quoted, the court said: “You will see, gentlemen, that the intent of the statute is to cover every supposable case. It does not require the character of the charge of Threatening to be made against the person t.o be set out. It is not necessary to specify the offense imputed to the person to whom the letter is sent; but if it does express -or imply, or is adapted to imply, any threat, the offense is committed.” The instruction is too broad, as it tells the jury that if the letter “is adapted to imply any threat, the offense is committed.” The letter must be adapted to imply one or more of those threats specially mentioned "in section 519, or the offense is not committed.
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