Eaton v. State

Appellant was convicted after a jury trial of the crime of blackmail for which he was sentenced one .to five years. He appeals from the judgment assigning as error the overruling of his motion for new trial.

Appellant contends the court erred in giving to the jury instruction No. 1, which is as follows:

“You -are instructed that in this case if it is proven beyond a reasonable doubt that the defendant threatened to make accusations to Henry H. Topper’s wife that said Topper had been guilty of immoral conduct, it is immaterial whether or not such accusations are in fact true, and the fact that…