38 S.W. 1005 | Tex. Crim. App. | 1897
Appellant was convicted of knowingly sending and delivering to Frank Hagle a certain written letter, threatening to charge him with a criminal offense in order to extort money from, etc., and fined in the sum of $100, and prosecutes this appeal. The indictment is as follows: The defendant "did then and there, unlawfully and knowingly, send and deliver to Mr. Frank Hagle, meaning and intended for Frank Hagle, Sr., a certain written letter and writing, of the tenor in substance following, to-wit: 'August Levy Dealers in Groceries, Provisions, Tobaccos, and Cigars, etc. Corsicana, Texas, March 30th, 1896. Mr. Frank Hagle — Dear Sir: I have ample proof that the two bales of cotton you sold me was water-packed, as the bales were weighed today, and lost 100 ??? with all the cotton in them, and, on opening the bales, find that several buckets of water was put in it, and have full proof to that; and as this is a criminal offense, and unless you come in at once and see to it, will take the matter before the courts, and, in order to save you any cost and trouble, it will be to your interest to come in at once, and attend to it. Yours truly, [signed] M. Cohen' — which said letter and writing threatens to accuse the said Mr. Frank Hagle, meaning and intended for Frank Hagle, Sr., of a criminal offense, and which said letter and writing the said M. Cohen did unlawfully and knowingly send and deliver to the said Frank Hagle, St., with a view of extorting money, property, things of value and advantages, from the said Frank Hagle, Sr., and against the peace and dignity of the State." A motion was made by the appellant to quash the indictment, on the ground that the indictment failed to set out the specific criminal offense the defendant, proposed to charge against Hagle; it being contended that the merely setting out of the letter in hæc verba, and the general averment that said letter threatened to accuse Frank Hagle of a criminal offense, is not a sufficient allegation. We are not aware that this precise question has previously been before this court. We are cited by appellant to a case on this subject from Ohio. See, Mann v. State,
Reversed and Dismissed.