§ 544. Verbal false pretense not larceny.-A purchase of property by means of a false pretense is not criminal, where the false pretense relates to the purchaser's means or ability to pay, unless the pretense is made in writing and signed by the party to be charged. § 545. Value of evidence of debt, how ascertained.— If the thing stolen consists of a written instrument, being an evidence of debt, other than a public or corporate certificate, scrip, bond, or security having a market value, or being the transfer of or evidence of title to any property, or of the creating, releasing, or discharging, of any demand, right, or obligation, the amount of money due thereupon or secured to be paid thereby, and remaining unsatisfied, or which, in any contingency, might be collected thereupon or thereby, or the value of the property transferred or affected, or the title to which is shown thereby, or the sum which might be recovered for the want thereof, as the case may be, is deemed the value of the thing stolen. Value of bank notes. Peo. v. Fallon, 6 Park., 256; id., foreign, Peo v. Caryl, 12 Wend, 547; Johnson v. Peo., 4 Den., 364; Low v. Peo., 2 Park, 37. § 546. Id.; passenger ticket.-If the thing stolen is a ticket, paper or other writing, entitling or purporting to entitle the holder or proprietor thereof to a passage upon a railway car, vessel, or other public conveyance, the price at which a ticket, entitling a person to a like passage, is usually sold, is deemed the value thereof. § 547. Id.; of other articles.-In every case not otherwise regulated by statute, the market value of the thing stolen is deemed its value. Johnson v. Peo., 4 Den., 364. Value. 1 N. Y. Cr., 466. § 548. Claim of title, ground of defense.-Upon an indictment for larceny it is a sufficient defense that the property was appropriated openly and avowedly under a claim of title preferred in good faith, even though such claim is untenable. But this section shall not excuse the retention of the property of another, to offset or pay de mands held against him. Peo. v. Thomas, 3 Hill, 169; Peo. v. Smith, 5 Park., 490. § 549. Intent to restore property.-The fact that the defendant intended to restore the property stolen or embezzled, is no ground of defense, or of mitigation of punishment, if it has not been restored before complaint to a magistrate, charging the commission of the crime. § 550. Receiving stolen property.-A person, who buys or receives any stolen property, or any property which has been wrongfully appropriated in such a manner as to constitute larceny according to this chapter, knowing the same to have been stolen or so dealt with, or who corruptly, for any money, property, reward, or promise or agreement for the same, conceals, withholds, or aids in concealing or withholding, any property, knowing the same to have been stolen, or appropriated wrongfully in such a manner as to constitute larceny under the provisions of this chapter, if such misappropriation had been committed within the state, whether such property were so stolen or misappropriated within or without the state, is guilty of criminally receiving such property, and is punishable, by imprisonment in a state prison for not more than five years, or in a county jail for not more than six months, or by a fine of not more than two hundred and fifty dollars, or by both such fine and imprisonment. Must be fraudulent intent Peo v. Johnson, 1 Park., 564; Rice v. State, 3 Heisk. 215. Stipulating for percentage for return of stolen property, constitutes offense of receiving. Peo v. Wiley, 3 Hill, 194. See Wells v. Peo., 3 Park, 473. State v. Scovel, í Mills, 274; Peo v. Slaken, 40 Cal., 599; State v. Teideman, 4 Strobh., 300; State v. Bushing, 69 N C., 29. Possession not necessary. State v. St. Clair, 17 Ia., 149. State v. Turner, 19 ib., 144; Miller v. Peo., 13 W. D., 260; id., 25 Hun, 473. § 551. Id.; Averment and proof.-It is not necessary to aver, in an indictment for an offense specified in the last section, nor to prove upon the trial thereof, that the principal who stole the property has been convicted, or is amenable to justice. Levy v. Peo., 19 Hun, 83. Peo. v. Caswell, 21 Wend., 86. CHAPTER V. EXTORTION AND OPPRESSION. SEC. 552. "Extortion defined. 553. What threats may constitute extortion. 554. Punishment of extortion in certain cases. 556. 557. Oppression and extortion committed under color 558. Blackmail. 559. Written threat. 560. Attempts to extort money, or property, by verbal threats. 561. Unlawful threat referring to act of third person. § 552. "Extortion " defined.-Extortion is the obtaining of property from another, with his consent, induced by a wrongful use of force or fear, or under color of official right. Peo. v. Whaley, 6 Cow., 661; Williams v. State, 2 Sneed., 160; Com. v. Mitchell, 3 Bush, 25; Com. v. Bagley, 7 Pick., 246; Ming v. Truett, 1 Mont., 3-2. § 553. What threats may constitute extortion.-Fear, such as will constitute extortion, may be induced by a threat: 1. To do an unlawful injury to the person or property of the individual threatened, or to any relative of his or to any member of his family; or 2. To accuse him, or any relative of his or any member of his family, of any crime; or 3. To expose, or impute to him, or any of them, any deformity or disgrace; or 4. To expose any secret affecting him or any of them. See 254 supra. Peo v. Brennan, 30 Mich., 460; State v. Bruce, 26 Me., 71; Brabham v. State, 18 Ohio, N. Š., 485. § 554. Punishment of extortion. A person who extorts any money or other property from another, under circumstances not amounting to robbery, by means of force or a threat mentioned in the last two sections, is punishable by imprisonment not exceeding five years. § 555. Compulsion to execute instrument.—The compelling or inducing of another, by such force or threat, to make, subscribe, seal, execute, alter, or destroy any valuable security, or instrument or writing, affecting or intended to affect any cause of action or defense or any property, is an extortion of property, within the last two sections. § 556. Oppression committed under color of office. A public officer,or a person pretending to be such, who, unlawfully and maliciously, under pretense or color of official authority, 1. Arrests another, or detains him against his will; or 2. Seizes or levies upon another's property; or 3. Dispossesses another of any lands or tenements; or 4. Does any other act, whereby another person is injured in his person, property, or rights; Commits oppression and is guilty of a misdemeanor. See §§ 118, 119, 120, supra. §557. Extortion by public officers. A public officer who asks, or receives, or agrees to receive, a fee or other compensation for his official service, either 1. In excess of the fee or compensation allowed to him by statute therefor; or 2. Where no fee or compensation is allowed to him by statute therefor; Commits extortion and is guilty of a misdemeanor. See §§ 48, 49, 50, supra. § 558. Blackmail.--A person who, knowing the contents thereof, and with intent, by means thereof, to extort or gain any money or other property, or to do, abet, or procure any illegal or wrongful act, sends, delivers, or in any manner causes to be forwarded or received, or makes and parts with for the purpose that there may be sent or delivered, any letter or writing, threatening 1. To accuse any person of a crime; or 2. To do any injury to any person or to any property; or 3. To publish or connive at publishing any libel; or 4. To expose or impute to any person any deformity or disgrace; Is punishable by imprisonment for not more than five years. See 254, supra. Peo. v. Griffin, 2 Bar., 427; Peo. v. Thompson, 2 N. Y. Cr., 520; 97 N. Y., 313. § 559. Written threat.-A person who, knowing the contents thereof, sends, delivers, or in any manner causes to be sent or received, any letter or other writing, threatening to do any unlawful injury to the person or property of another, is guilty of a misdemeanor. Peo. v. Griffin, supra.; Skiff v. Peo., 2 Park., 139. § 560. Attempts to extort by verbal threats.-A person who, under circumstances not amounting to robbery, or an attempt at robbery, with intent to extort or gain any money or other property, verbally makes such a threat as would be criminal under either of the foregoing sections of this chapter, if made or communicated in writing, is guilty of a misdemeanor. § 561. Unlawful threat referring to act of third person. It is immaterial whether a threat, made as specified in this chapter, is of things to be done or omitted by the offender, or by any other person. CHAPTER VI. FALSE PERSONATION, AND CHEATS. SEC. 562. Falsely personating another. 563. Limitations as to indictment. 564. Receiving property in false character. 565. Personating officers, policemen, and other persons. 566. Obtaining signature by false pretenses. 567. Obtaining property for charitable purposes. 568. Id.; by note of corporation not in existence. 569. Using false check or order for payment of money. 570. Obtaining employment, etc. 571. Secreting personal property. 572. Pawning, etc., borrowed property. 574. Mock auctions. |