People v. Whaley
New York Supreme Court
The defendant was indicted, at the general sessions of 1 o Oneida county, for extortion as a justice of the peace. The first count of the indictment stated, that Butler appeared before the defendant, a justice of Oneida, at the suit of Grant, on the return day of a summons, February 1th, 1826, at 10 A. M.; that the suit was discontinued by the non-appearance of the plaintiff.
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The defendant was indicted, at the general sessions of 1 o Oneida county, for extortion as a justice of the peace. The first count of the indictment stated, that Butler appeared before the defendant, a justice of Oneida, at the suit of Grant, on the return day of a summons, February 1th, 1826, at 10 A. M.; that the suit was discontinued by the non-appearance of the plaintiff. And that on the 1th of March, the defendant, by color of his office, extorted from Butler, $25, under pretence that the suit had been adjourned on the 1th of February, to another day, whenjudgment was entered against…
1Opinion of the Court
Curia, per
Savage, Ch. J.
An objection is taken to the indictment, that the defendant is not charged with taking the money, as fees, or to his own use. It was not necessary to lay the offence in that manner; it is sufficient that he extorted it by color of his office. Extortion signifies, in an enlarged sense, any oppression under color of right. In a stricter sense, it signifies the taking of money by any officer, by color of his office; either, where none at all is due, or not so much due, or when it is not yet due. (1 Hawk. B. 68, s. 1.) And the cases cited by the defendant’s counsel, do not…
2Cited by23 opinions
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- Sekhar v. United StatesSupreme Court of the United States · 2013
- United States v. Katherine Bordallo AguonCourt of Appeals for the Ninth Circuit · 1988
- United States v. R. C. FrenchCourt of Appeals for the Eighth Circuit · 1980
- La Tour v. Stone, SheriffSupreme Court of Florida · 1939
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