State v. Burns

A company hired Mr. Burns (defendant) to investigate suspected embezzlement by its employees. Burns confronted employee Leland Frease, accusing him of embezzling $6,800, and threatened Frease with imprisonment unless he confessed to and repaid $5,000. Frease, despite denying he had taken any money, ultimately signed a confession and paid Burns $4,000. Burns was charged with extortion, based on his threat to accuse Frease of larceny and his collection of $4,000 through that threat. At trial, Frease testified he had not actually embezzled any money, and Burns tried to introduce documentary evidence showing Frease had in fact stolen from his employer, but the trial judge excluded it as irrelevant to Burns's guilt. Burns was convicted and appealed.