Legal Opinion · Dissent

People v. Fichther

Appellate Division of the Supreme Court of the State of New York

Decided December 29, 1952Published

1DissentWenzel, J.

Defendants are the manager and the clerk second in command of a supermarket. By its verdict the jury found that, after complainant was observed shoplifting, defendants unlawfully threatened to accuse him of petit larceny and to expose him to disgrace unless he paid defendants a sum in excess of the value of the merchandise complainant stole. Complainant paid the sum demanded, which defendants turned over to the owner of the store.

The jury was charged, in effect, that the defendants should be acquitted if it was found that they had demanded of the complainant that he pay only what he…

2Cases cited3 opinions

  1. People v. ClarkNew York Court of Appeals · 1926
  2. People v. GriffinNew York Supreme Court · 1848
  3. People v. SheridanAppellate Division of the Supreme Court of the State of New York · 1919

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