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Download torrent Reports of Cases Determined in the Supreme Court of the State of California (Volume 95)

Download torrent Reports of Cases Determined in the Supreme Court of the State of California (Volume 95)

Reports of Cases Determined in the Supreme Court of the State of California (Volume 95) by California Supreme Court

Reports of Cases Determined in the Supreme Court of the State of California (Volume 95)
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Author: California Supreme Court
Page Count: 276 pages
Published Date: 06 Feb 2012
Publisher: General Books
Publication Country: Miami Fl, United States
Language: English
Format: eBook
ISBN: 9781235746956
File Name: Reports.of.Cases.Determined.in.the.Supreme.Court.of.the.State.of.California.(Volume.95).pdf
Download Link: Reports of Cases Determined in the Supreme Court of the State of California (Volume 95)
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906. Excerpt: ... ing upon matters of fact. The judge cannot be too cautious in a criminal trial in avodlug all interference with the conclusions of the jury upon the facts. Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a new trial. The facts are stated in the opinion of the court. Robert Ferral, and Joseph Rothschild, for Appellant. Attorney-General W. H. H. Hart, and John L. Love, for Respondent. 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 'purlic Opinion/ I. N. Choynski, Editor, 137 Tayloe Street. "san Francisco, 20, 2, 1890. "O. 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 XCV. Cal.--41 if the language used is adapted to imply a threat, then the writing is sufficient. Parties guilty of the o...

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