Motsinger v. State

• Decision Date: 01 May 1890
• Docket Number: 15,520
• Citation: 24 N.E. 342,123 Ind. 498
• Parties: Motsinger v. The State
• Court: Indiana Supreme Court

24 N.E. 342

123 Ind. 498

Motsinger v. The State

No. 15,520

Supreme Court of Indiana

May 1, 1890

From the Washington Circuit Court.

Judgment affirmed.

S. H Mitchell and R. B. Mitchell, for appellant.

W. T Branaman, Prosecuting Attorney, F. L. Prow and S. B. Voyles for the State.

OPINION

Coffey, J.

This was a prosecution by the State against the appellant, under the provisions of section 1926, R. S. 1881.

The court overruled a motion to quash the affidavit and information in the cause, and the appellant excepted.

The question presented for decision relates to the correctness of this ruling.

Omitting the caption, the affidavit charging the appellant with the crime for which he was tried is as follows: "James W. Barnett being duly sworn, upon his oath, says that William Motsinger, on the 1st day of November, 1889, at and within Washington county, in the State of Indiana, did then and there unlawfully and feloniously, in writing, which said writing was then and there delivered by due course of mail by which it was sent by said William Motsinger to said James W. Barnett, demand of and from James W. Barnett a sum of money, to wit: ten dollars; and did then and there feloniously, in said writing, threaten to accuse the said James W. Barnett of certain immoral conduct, which, if true, would tend to degrade, disgrace, and subject to the ridicule and contempt of society him, the said James W. W. Barnett, to wit: insulting the wife of said William Motsinger, meaning then and there and thereby that said James W. Barnett had asked the wife of said William Motsinger to have sexual intercourse with him, the said James W. Barnett, which said writing was then and there knowingly sent by mail by said William Motsinger, and then and there received by mail at the post-office at Pekin, Indiana, by said James W. Barnett, which said writing is in the words and figures following: 'November 1, 1889. Mr. Barnett, sir: You can come up and settle with me for the way you talked to my wife, or go to court, just as you like. I will tell it all over the country. It is a note that a woman can't go to milk without being insulted. Come up right away. Yours, William Motsinger. If you will pay what I think what is right, I won't say anything about it to any body. $ 10 will do. W. O. M. to James Barnett.' Unless he, the said James W. Barnett, would then and there give to the said William Motsinger the said sum of ten dollars of the goods and chattels of said James W. Barnett, with the intent then and there and thereby feloniously to extort and gain from the said James W. Barnett the sum of ten dollars in current money of the value of ten dollars, contrary," etc. The information follows the affidavit.

The statute upon...