State v. McInnes, C-393
| Decision Date | 21 May 1963 |
| Docket Number | No. C-393,C-393 |
| Citation | 153 So.2d 854 |
| Parties | STATE of Florida, Appellant, v. George l. McINNES, Appellee. |
| Court | Florida District Court of Appeals |
Richard W. Ervin, Atty. Gen., and James G. Mahorner, Asst. Atty. Gen., for appellant.
Albert J. Datz, Jacksonville, for appellee.
This interlocutory appeal initiated by the State of Florida seeks review of an order entered by the Criminal Court of Record of Duval County quashing counts 1 and 4 of a four-count information filed against appellee charging him with the offense of extortion. Defendant has cross-appealed from that provision of the same order which denied his motion to quash remaining counts 2 and 3 of the information. 1 The State contends that counts 1 and 4 of the information adequately charge an offense under the statute, and the court erred in rendering its order of quashal. Defendant contends that although the court was correct in quashing counts 1 and 4 of the information, it erred in refusing to quash counts 2 and 3 for the reason that each count fails to charge an offense under the statute pursuant to which the information is filed.
The trial judge filed no memorandum supporting the order appealed, and the order sets forth no reasons or grounds upon which the court's conclusion was reached in quashing two of the counts of the information, and refusing to quash the remaining two.
We will first consider the State's contention that counts 1 and 4 of the information are adequate to charge an offense under the statute. Stripped of its formal parts count 1 charges that:
'* * * George L. McInnes of the County of Duval and State of Florida, on the twentieth day of August in the year of our Lord, one thousand nine hundred an fifty-nine in the County and State aforesaid, and on divers others days and times between the twentieth day of August, A.D. 1959, and the twelfth day of October, A.D. 1959, in the County and State aforesaid, did unlawfully and maliciously verbally threaten John N. Blow, that he, George L. McInnes, would accuse a certain corporation, to wit: Southoil, Inc., of an offense, to-wit: an unlawful attempt to evade or defeat the payment of lawful income taxes in violation of the Internal Revenue Laws of the United States of America, with the intent thereby to extort money from the said John N. Blow, the said George L. McInnes, at the time and place of making the said threats as aforesaid, well knew that the said John N. Blow was an officer and stockholder of said corporation.'
Count 4, in pertinent part, charges that:
'* * * George L. McInnes of the County of Duval and State of Florida on the twentieth day of August, A.D. 1959, in the County and State aforesaid, and on divers other days and times between the twentieth day of August, A.D. 1959, and the twelfth day of October, A.D. 1959, in the County and State aforesaid, did unlawfully and maliciously verbally threaten John N. Blow that he, George L. McInnes, would testify before the Internal Revenue Service of the United States of America in a proceeding involving income taxes of Southoil, Inc. a corporation, of which corporation the said John N. Blow was then and there an officer and a stockholder, so as to cause the payment by the said corporation of additional income taxes, unless the said John N. Blow paid to him, the said George L. McInnes, a sum of money, with the intent thereby to extort money from the said john N. Blow.'
The information under review seeks to charge four separate offenses denounced by the statute relating to extortion by threat, which statute is as follows:
2
An analysis of the foregoing statute clearly reveals that its purpose is to condemn the malicious making of certain types of threats to others with an intent to extort money or other pecuniary advantage, or to compel the person so threatened or any other person to do any action or refrain from doing any act against his will. The types of malicious threats proscribed by the statute are those by which the offender threatens (1) to accuse another of any crime or offense; (2) to inflict injury to the person, property or reputation of another; (3) to expose another to disgrace; (4) to expose any secret affecting another; and (5) to impute deformity or lack of chastity to another. To be actionable, the threat must be made verbally or by written or printed communication.
It is immaterial whether the threat to accuse, expose or otherwise injure is directed against the person to whom the threat is communicated, or is directed against another, so long as the threat is maliciously made with the intent to extort money or other pecuniary advantage, or compel the person so threatened, or any other person, to do any act or refrain from doing any act against his will. Under the statute it is just as much a crime to maliciously communicate to a husband and father a threat to impute a lack of chastity to his wife or daughter, or inflict personal injury on his minor son, as it is to make such threats directly to the wife, daughter or son who would be the primary victims if the threat were carried out. The general rule appears to be:
'Under a statute providing that whoever maliciously threatens an injury to the person or property of another, with intent thereby to extort money or pecuniary advantage, or with intent to compel the person so threatened to do any act against his will, shall be punished, it is extortion to threaten the person to be injured, the person from whom it it intended to extort the money or other pecuniary advantage, or a different person.' 3
Relating this principle to counts 1 and 4 of the information it appears immaterial that the threats made by defendant were to accuse, expose or otherwise injure the property or reputation of the corporation in which defendant knew the victim was personally interested as an officer and stock holder, when such threats were made for the purpose of extorting money from the victim as a price for silence. The fact that it was the corporation rather than the victim who would be charged with the crime or offense or whose property or reputation would be injured if the threats were carried out, makes the act of defendant nonetheless a crime under the statute here considered. This is so for the reason it is only because of the victim's interest in the corporation that defendant's threats are calculated to be of sufficient importance as to induce the victim to pay the extortion money demanded by defendant. Furthermore, the fact that the offense threatened to be charged against the corporation constitutes a crime under the laws of the United States of America rather than under the laws of the State of Florida is likewise immaterial. It is not the threat to accuse the corporation or testify against it concerning an offense against the laws of the United States which is the gravamen of the offenses charged in counts 1 and 4 of the information. These factors are only reasons why the victim, John N. Blow, would be motivated to conclude that if the threats were carried out by defendant an injury would be done to the property and reputation of the corporation in which he is interested, which threats were maliciously made with the intent to extort money from John N. Blow, or to cause Juhn N. Blow to do an act against his will, to-wit: the payment of money to defendant.
In the Petersen case 4 the defendant was charged in an information with having maliciously...
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