People v. Tonielli

Foote, C. The defendant was convicted of an attempt to extort money by means of a threatening letter. From the judgment rendered in the premises, and from an order denying his motion for a new trial, he appeals.

One ground of alleged error is the insufficiency of the information as against a demurrer interposed thereto. The part of the pleading attacked material to this controversy reads:—

“In the superior court of the city and county of San Francisco, state of California, the nineteenth day of September, A. D. 1888, A. P. Tonielli, alias Tonielli, is accused by the district attorney by this information of the crime of felony, to wit, extortion, committed as follows: The said A. P. Tonielli, alias Tonielli, on the third day of August, A. D. 1888, at the said city and county of San Francisco, with intent feloniously to extort money and property from one Edward Larcher, did then and there willfully, unlawfully, and feloniously send to said Edward Larcher a certain letter and writing, did express and imply, and was adapted to imply, a threat to impute to the said Edward Larcher disgrace, and to expose the same, which said letter and writing was then and there in the words and figures following, to wit: —

“ City, Aug. 3, 1888.

“E. Larcher, City.

“ Dear Sir,—Having been asked by Mr. Deshayes of Le Bayard to find facts that might serve as proofs of what he asserted in his paper against you, I was to find [277]out these facts, and I have found all, whilst he was naturally to pay me. But before I reveal anything, I wish to let you know that if you give me three hundred dollars I will not only say nothing, but also frustrate all their efforts in finding anything should they employ •-detective. I want one hundred dollars at once, and balance when the case comes out. I guarantee that if I keep silent they will lose the case, and you get your twenty thousand dollars. Answer must come before to-night. Address 721-¡- Bush Street.

“Yours truly, A. P. Tomelli.”

— contrary to the form, force, and effect of the statute,” etc.

Extortion is defined by the Penal Code as follows:—

“ Sec. 518. Extortion is the obtaining of property from another, with his consent, induced by a wrongful use of force or fear, or under color of official right.