Woodward v. State

855 P.2d 423 (1993)

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Nature of the Case

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Facts

Woodward’s (D) loaned $8,000 to a man named Lyle. When Lyle was ready to pay the loan back, he went to a bar called the Lonely Lady where D’s wife worked. D’s wife was not there, so Lyle left the money with Cooper who also worked at the bar. Cooper agreed to give the money to D’s wife. However, D spent it on himself. After D learned that Lyle had paid Cooper, D demanded the money from Cooper and threatened to break his legs if he failed to pay. Cooper told the police. The following day, Cooper made a partial payment and D was arrested immediately. D was charged with extortion. D sought a jury instruction that if Cooper had owed the money, he would not be guilty because he had not obtained the property of another as required under the statute. The judge instructed the jury that his claim of right was not a defense to the extortion charge. D was convicted and appealed.