McNamara v. State

Dissenting Opinion. .

Martin, J.

The appellant was indicted under §2440 Burns 1926, which reads in part as follows:

“Whoever threatens to do any injury to the per- ' son or property of any one, with intent to extort or gain from such person any chattel, money, or valuable security or any pecuniary advantage whatsoever, or with any intent to .compel the person threatened to do any act against his will, with the intent aforesaid is guilty of blackmailing.”

The indictment charged that Ben Staggenborg was employed by Niman and Niman,. partners, in the work of assisting with the installation of…