84 Iowa 473 | Iowa | 1892
The material and undisputed facts in this case, as disclosed in testimony, are as follows: That the defendant, believing that he had a grievance of a financial nature against one O. P. Wright, conceived the plan of obtaining remuneration and satisfaction for the wrongs he claimed to have suffered by compelling Wright to sign promissory notes which he (Brownlee) had prepared, aggregating the sum of seventeen thousand dollars, and payable to himself. To accomplish this purpose he sought the aid of one Prank Duncan, and had several interviews with him. Duncan appeared to enter into the plans of the defendant and to encourage him, although, after the first interview between him and the defendant, he (Duncan) informed Wright of the defendant’s plans and purposes, as. described to him, and thereafter acted with Wright’s, knowledge and consent. The defendant and Duncan had meetings at night in a barn, and in the hearing of several persons who were there concealed in a haymow. These listeners came there at the instance of Duncan and Wright to hear what passed between the defendant and Duncan. The defendant was not aware of the presence of these persons, and supposed that he was. alone with Duncan. In the conversation had at the place and under the circumstances above stated it was agreed that Duncan should take Wright to a certain place on the next Monday evening, and that the defendant should there meet them and attempt to secure the signature of Wright to the notes. In reply to the-question, “Suppose Mr. Wright goes out there and. refuses to sign these notes, then what will you do?” The defendant answered: “It is just this way, if ha
I. A juror was challenged for cause, on the ground that he showed on his voir dire that he had formed an
III. That part of the indictment charging the offense is in the following language: "The said John
The county attorney, on behalf of the state, and prior to the submission of the demurrrer, filed a writing in the case conceding that the threats charged in the indictment were not made to or in the presence of the said 0. P. Wright; and it was agreed by the parties
It is insisted that the indictment is bad, in that it fails to charge that the alleged threats were made to or in the presence of O. P. Wright. The indictment on its face seems to us to charge with sufficient certainty that the threats were made to Wright, and hence it was not open to the objection made by the defendant. Holding, as we do, that the “concession” was improperly filed, we cannot consider it.
IY. The statute under which this indictment is found is in these words: “If any person, either
A “threat” is said to be “any menace of such a nature and extent as to unsettle the mind of the person on whom it operates, and to take away from his acts that free, voluntary action which alone constitutes consent.” Abbott’s Law Dictionary, title, “Threat.” Another definition is, “to hold up as a terror the expectation of evil; to alarm with the promise of evil; to menace.” Webster’s Dictionary. It may be conceded th§t a threat, whether it be verbal, written or printed, to be within the statute, need not be made personally to the one threatened. In order to be a “threat,” it must be so made, and under such circumstances as to operate, to some extent at least, on the mind of the one whom it is expected to influence. If it does not do this, how can it be said to take away the voluntary character of his acts! It was not necessary that the statute should say, in terms, that the threat must be communicated in any way to the party threatened. The meaning of the word used, “threat,” implies that it is a menace of some kind, which in some manner comes to the knowledge of the one sought to be affected thereby. It may be made in person to the object of it, or it may be brought to his knowledge by written communication, or in any other manner. We are required to construe words and phrases according to the context and the approved use of language. Code, sec. 49.
It may be claimed that threats made to one person against a third person may be intended to so- operate on the mind of the one they are communicated to as to induce him to influence the third person to do some act against his will. If such a case should be conceded to'be within the intention and language of the statute, still, under the evidence here, the defendant could not be convicted. It is not nor could it be successfully claimed from the testimony that the threats were
For the errors pointed out the case is beveesed.