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UNITED STATES v. MONCRIEF

No. 71-2480.

462 F.2d 762 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Earl J. MONCRIEF, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 3, 1972.

Attorney(s) appearing for the Case

Robert M. Talcott (argued), Sherman Oaks, Cal., for appellant.

Earl E. Boyd, Asst. U. S. Atty. (argued), Eric A. Nobles, Asst. U. S. Atty., William D. Keller, U. S. Atty., Los Angeles, Cal., for appellee.

Before BROWNING and DUNIWAY, Circuit Judges, and ANDERSON, District Judge.

PER CURIAM:

Appellant Earl J. Moncrief was convicted of having mailed a letter1 threatening to take the life and inflict bodily harm upon the President of the United States in violation of 18 U.S.C.A. § 871.

Appellant argues that any threat which the letter may have contained is conditional and thus there has been no threat in fact. We disagree. The precatory or wishful nature of the threat is dispelled by the positive nature...

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