People v. Gillian
New York Supreme Court
Appeal from court of sessions, Niagara county. Defendant was indicted for the offense of sending threatening letters. Upon being arraigned, he demurred to the indictment, on the ground that the facts stated therein did not constitute a crime. The same was overruled, and the defendant pleaded not guilty, and after the verdict was rendered moved in arrest of judgment, which was denied, and he was sentenced to imprisonment for one year and four months.
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Appeal from court of sessions, Niagara county. Defendant was indicted for the offense of sending threatening letters. Upon being arraigned, he demurred to the indictment, on the ground that the facts stated therein did not constitute a crime. The same was overruled, and the defendant pleaded not guilty, and after the verdict was rendered moved in arrest of judgment, which was denied, and he was sentenced to imprisonment for one year and four months. Defendant wrote and mailed to the complainant three letters, in the assumed name of “W. N. Wilkins,” the first of which is as follows: “Lookport,…
1Opinion of the CourtBarker, P. J.
This indictment is for attempting to extort money by the threat of charging the complainant, a married man, with living an adulterous life with a certain woman, whose name is mentioned in the indictment. The prosecution is founded on section 558 of the Penal Code, which declares that “a person who, knowing the contents thereof, and with intent by means thereof to extort or gain any money, * * * sends or delivers * * * any letter or writing threatening to expose or impute to any person any deformity or disgrace, is»punisliable by imprisonment for not more than five years.” The appeal book…
2Cases cited3 opinions
- The People v. . ThompsonNew York Court of Appeals · 1884
- Commonwealth v. BaconMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. MoultonMassachusetts Supreme Judicial Court · 1871
3Cited by2 opinions
- United States v. FureyDistrict Court, E.D. Pennsylvania · 1980
- People v. EichlerNew York Supreme Court · 1894