Simmons v. State

HAWKINS, Judge.

Conviction is under-Article 1328 of our Penal Code. Punishment assessed was four years in the penitentiary.

Article 1328, P. C. is as follows :

“If any person, by threatening to.do some illegal act injurious to the character, person or property of another, shall fraudulently induce the person so threatened to deliver to him any property, with intent to appropriate the same to his own use, he shall be punished by confinement in the penitentiary not less than two nor more than five years.”

The count in the indictment upon which conviction was had alleges, omitting formal parts:

“-did…