97 N.Y. 313, People of State of New York v. Julius R. Thompson

Citation97 N.Y. 313
Party NameTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIUS R. THOMPSON, Appellant.
Case DateNovember 25, 1884
CourtUnited States Court of Appeals (New York)

Page 313

97 N.Y. 313

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.

JULIUS R. THOMPSON, Appellant.

New York Court of Appeal

November 25, 1884

Argued Oct. 24, 1884

Page 314

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Page 315

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Page 316

COUNSEL

James A. Lynes for appellant. The essential element in the crime of robbery was, and still is, force or fear of immediate injury. (Barber's Crim. Treatise, 134, 136, 137; The People v. Griffin, 2 Barb. 427, 430; 2 City Hall Recorder, 31; 6 Id . 86.) To constitute the offense, the menace or threat must be of a character to produce in a reasonable man some degree of alarm or bodily fear, and such alarm must be of a nature and extent to unsettle the mind upon which it operates and take away that free voluntary action which constitutes consent. (Reg. v. Walton, 9 Cox's C. C. 268; Reg. v. Hendy, 4 Id . 243; 1 Whart. Crim. Law, § 851, note; 2 Id., § 1664; Regina v. Norton, 8 Carr. & Payne, 671; S. C., 34 Eng. Com. Law, 577;

Page 317

People v. McDaniel, 1 Park. Cr. 198; Lang v. Stall, 12 Ga. 293.) The court erred in allowing the witness, Winnie, to state conversations prior to the writing of the letters to show the intent and motive with which the letters were written. (Vols. 26 to 28 and 31; Wharton on Crim. Evidence, § 620; 1 Moody's Crown Cas. 134; 3 Cox's C. C. 547.) The finding of the jury that the prisoner was guilty is not warranted or sustained by the evidence, and it was the duty of the court to direct a verdict of acquittal. (Code of Crim. Pro., § 410; Babcock v. People, 15 Hun, 347; People v. Bennett, 49 N.Y. 137; Duffy v. People, 26 Id . 588; Heowell v. People, 5 Hun, 620; affirmed, 69 N.Y. 607; 41 How. Pr, 179; 6 Cush. 629; 27 Hun, 105, 107.)

Clarence L. Barber, district attorney, for respondent. Whether or not the letter amounts to a threat, etc., within the words of the statute, is a question for the jury. (Roscoe's Cr. Ev. 953; 2 Bish. Cr. Pro. [ 3d ed.], § 1029a; 2 Whart. Cr. Law [8th ed.], § 1665.) The evidence sustains an inference by the jury of a threat, the object of which was "to accuse any person of a crime, * * to do any injury * * or to expose or impute to any person any deformity or disgrace?" (Code of Crim. Pro., § 254; People v. Irving, 95 N.Y. 545; Comm. v. Dorus, 108 Mass. 488; Waterman's Dig. 586; Roscoe's Cr. Ev. 953; R. v....

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23 practice notes
  • 274 A.2d 742 (R.I. 1971), 802, State v. Mancini
    • United States
    • Rhode Island United States State Supreme Court of Rhode Island
    • March 10, 1971
    ...words used as it is with whether their natural purport and effect considered contextually was to convey a threat. People v. Thompson, 97 N.Y. 313, 318. And in resolving that issue it is proper to receive, but with caution, evidence [108 R.I. 267] of any circumstance even if criminal in natu......
  • 69 Misc.2d 10, Consolidated Mut. Ins. Co. v. Rogers
    • United States
    • New York New York Supreme Court Appelate Division Second Department
    • January 11, 1972
    ...action that would be taken. It was sufficient that the letter was intended to convey a threat of some kind (see also, People v. Thompson, 97 N.Y. 313). The threat need not be of criminal prosecution. 'It is well-settled law in this State that fear of Economic loss or Harm satisfie(d) the in......
  • 296 N.W. 96 (Wis. 1941), O'Neil v. State
    • United States
    • Wisconsin United States State Supreme Court of Wisconsin
    • February 4, 1941
    ...accomplish any other purpose set forth in the statute, it is a rational inference that it would have been so declared. People v. Thompson, 97 N.Y. 313, 318. See also State v. Bruce, 24 Me. 71." Likewise in point is the statement in People v. Thompson, supra (p. 318): "Nor is it ne......
  • 8 N.Y.2d 260, People v. Dioguardi
    • United States
    • New York United States Court of Appeals (New York)
    • July 8, 1960
    ...natural effect of the letter (or oral proposal) is to convey a threat, then the mere form of words is unimportant.' People v. Thompson, 97 N.Y. 313, 318. (Emphasis supplied.) If McNamara, acting for himself and Dioguardi's alter ego, Equitable, professed to have control over the labor probl......
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23 cases
  • 274 A.2d 742 (R.I. 1971), 802, State v. Mancini
    • United States
    • Rhode Island Supreme Court of Rhode Island
    • March 10, 1971
    ...words used as it is with whether their natural purport and effect considered contextually was to convey a threat. People v. Thompson, 97 N.Y. 313, 318. And in resolving that issue it is proper to receive, but with caution, evidence [108 R.I. 267] of any circumstance even if criminal in natu......
  • 69 Misc.2d 10, Consolidated Mut. Ins. Co. v. Rogers
    • United States
    • New York New York Supreme Court Appelate Division Second Department
    • January 11, 1972
    ...action that would be taken. It was sufficient that the letter was intended to convey a threat of some kind (see also, People v. Thompson, 97 N.Y. 313). The threat need not be of criminal prosecution. 'It is well-settled law in this State that fear of Economic loss or Harm satisfie(d) the in......
  • 296 N.W. 96 (Wis. 1941), O'Neil v. State
    • United States
    • Wisconsin Supreme Court of Wisconsin
    • February 4, 1941
    ...accomplish any other purpose set forth in the statute, it is a rational inference that it would have been so declared. People v. Thompson, 97 N.Y. 313, 318. See also State v. Bruce, 24 Me. 71." Likewise in point is the statement in People v. Thompson, supra (p. 318): "Nor is it ne......
  • 8 N.Y.2d 260, People v. Dioguardi
    • United States
    • New York New York Court of Appeals
    • July 8, 1960
    ...natural effect of the letter (or oral proposal) is to convey a threat, then the mere form of words is unimportant.' People v. Thompson, 97 N.Y. 313, 318. (Emphasis supplied.) If McNamara, acting for himself and Dioguardi's alter ego, Equitable, professed to have control over the labor probl......
  • Request a trial to view additional results