No. 3752.

#### Issy Landa *v.*The State.

1. Threats—Information.—The offense defined by article 813 of the Penal Code is knowingly sending or delivering to another any letter or writing threatening to accuse him of a criminal offense, with the view of extorting money. The information in this case charged that the defendant did knowingly send and deliver to one W. a written letter threatening to accuse him of a criminal offense, and that he did *send*such letter with the view to extort money from him. Held, insufficient to charge that he *delivered*the said letter with the view to extort money.

*2.*Sending Threatening Letter, Etc.—Venue.—The venue of the offense of sending a threatening letter for the purpose of extorting money, as that offense is defined hy article 813 of the Penal Code, is in the county from whence the said letter was sent, and not in the county to which it was sent. Hurt, J., dissents, and holds that the offense may he prosecuted in either county.

Appeal from the County Court of Collin. Tried below before the Hon. W. M. Johnson, County Judge.

This conviction was had under article 813 of the Penal Code, which defines the offense of sending or delivering a written letter, threatening to accuse another of a criminal offense, for the purpose of extorting money, etc. The penalty imposed was a fine of one hundred dollars.

The opinion discloses the case

*Issy Landa in propria persona,*for the appellant.

*W. L. Davidson,*Assistant Attorney General, for the State.

Willson, Judge.

It is charged in the information that the defendant did knowingly send and deliver to one W. H. Webb a written letter threatening to accuse said Webb of a criminal offense, the letter being set forth in the information *in hcec verba,*and that he did so *send*said letter with a view to extort money from the said Webb.

It is to be observed that it is not alleged that the defendant *delivered*the letter with a view to extorting *money,*but *only*that he *sent*it with that view. We must therefore hold that. *581as to the offense of delivering a threatening letter, the information is insufficient, as an essential element of such offense is that such letter be delivered with a view to extort money. (Penal Code, art. 813.)

Opinion delivered December 19, 1888.

As to the *sending*of the letter in question, the evidence conclusively shows that it was sent in Bexar county, by being posted at San Antonio, in said county. The offense of sending was therefore complete in said county, and the venue of such offense is in that county, and not in Collin county. (Code Crim. Proc., art. 225.)

Because the information is fatally defective with respect to the offense of delivering the letter in question, and because the county court of Collin county is without jurisdiction of the offense of sending such letter, the judgment is reversed and the prosecution is dismissed.

*Reversed and dismissed.*

(Judge Hurt dissents, being of the opinion that the offense of sending the letter may be prosecuted in either Bexar or Collin county.)

(The record in this case was filed at the Austin branch of this court, but was transferred to and decided at Tyler. It is now reported under the Austin file number.)