26 N.Y.S. 998 | N.Y. Sup. Ct. | 1894
The defendant was convicted of sending a letter threatening to accuse the complainant of a crime, for the purpose of extorting money. The principal point made in behalf of the defendant on this appeal is that evidence was excluded tending to show that defendant believed, when the letter was written, that the complainant was actually guilty of the crime imputed to him by the defendant in the interview of April 9th, which was had pursuant to the appointment contained in the letter. In case A. has committed a crime, which has come to the knowledge of B., and the latter, for the purpose of extorting money from the former, writes him a letter threatening to accuse him of the crime, he is guilty of
While the defendant was under cross-examination, the people in-, traduced in evidence, without objection, the complaint in the civil action, and offered in evidence the bill of particulars served therein. This bill was verified by the plaintiff’s father, her guardian ad litem, was signed by the defendant as her attorney, and it was therein charged that the defendant in that action, the complainant herein, had ravished a child 5 years of age on 60 consecutive days. This bill was introduced for the purpose of discrediting the defendant’s testimony of good faith, and of his belief in the truth of the charge made. The defendant, having been permitted to show that he, as plaintiff’s attorney, brought such a civil suit, has no legal ground for complaint, because the people were permitted to show by the complaint and bill of particulars the cause of action for which brought. Later in the trial the defendant’s clerk was called, who testified that he drafted the bill of particulars in the absence of the defendant, and from information given to him by the girl and her father. He was then asked by the defendant’s counsel if he believed the story of the girl and her father, but upon the people’s objection he was not permitted to answer. This is urged as error. It is difficult to see how the good faith of the defendant’s clerk was competent. It was not relevant to the issue, with what intent did the defendant write the letter of April 9 th? and his belief was no more important than that of the defendant.
It is urged that the defendant was erroneously convicted of a felony under section 558, instead of a misdemeanor under section