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Threat

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

A threat or menace of bodily hurt, through fear of which a man's business is interrupted, is inchoate violence.' A menace of destruction or injury to one's life, reputation, or property. A person (a tramp) who has entered a, house against the will of the occupant, may "threaten" to injure another by acts a3 well as by words. The test in such,case is as to what the occupant had reasonable ground to believe were the intruder's intentions from his conduct." On a trial for homicide when the question whether the prisoner or the deceased commenced the encounter is in doubt, the accused may prove threats of violence made against him by the deceased, though not brought to the knowledge of the prisoner.* A person whose life (or whose family) has been threatened by another, whom he knows or has reason to believe has armed himself with a deadly weapon for the avowed purpose of taking his life or inflicting great personal injury upon him, may reasonably infer, when a hostile meeting occurs, that his adversary intends to carry the threat into execution. A previous threat alone, however, unless coupled at the time with an apparent design then and there to carry it into effect, will not justify a deadly assault; there must be such a demonstration of an immediate intention to execute the threat as to induce a reasonable belief that the party threatened will lose his life or suffer serious bodily injury unless he immediately defends himself against the attack. But a previous threat alone is not enough; the party may have relented or abandoned 1 2 Bl. Com. 38t. ' Martin v. Central Iowa E. Co., 59 Iowa, 414 (1882). ' Russell V. Kennedy, 66 Pa. 2.51 (1870). > 3 Bl. Com. 120. 'People V. Deacons, 109 N. Y. 381 (1888): N. Y. Laws his purpose, or his courage may have failed, or the threat may have been idle gasconade, made without any purpose to execute it. Generally speaking, the threat must have been communicated to the accused — to influence his action. ^ The remoteness of the threat from the time of the homicide is a circumstance for the jury to consider, even where the threat was made thirty y«ars prior.to the killing.' a' threat to commit a crime, by another than the person on trial, is not admissible on the part of the accused, unless part of the res gesfce, or a link in a chain of evidence connecting with the crime itself.^ See Defense, 1; CpNFESsioN, 2; Consent; Duress. Threatened injury. See Injunction. Threatening letter. A letter sent to a person threatening to accuse him of a crime, with a view to extort money, chattels, or other property.'' Such letter may also threaten to libel or to kill the person addressed. When the -threat is to accuse of a crime the indictment need not specify the particular crime: for the prisoner may intentionally leave that in doubt. No/ need the threat be to accuse before a judicial tri- ' bunal.*

See Blackmail.