Brown v. State

• Decision Date: 05 November 1891
• Citation: 50 N.W. 154,33 Neb. 354
• Parties: BROWN v. STATE.
• Court: Nebraska Supreme Court

33 Neb. 354

50 N.W. 154

BROWN

v.STATE.

Supreme Court of Nebraska.

Nov. 5, 1891.

Syllabus by the Court.

Section 13 of the Criminal Code provides that, “if any person shall forcibly and by violence, or by putting in fear, take from the person of another any money or personal property, of any value whatever, with the intent to rob or steal, every person so offending shall be deemed guilty of robbery, and, upon conviction thereof, shall be imprisoned in the penitentiary not more than fifteen nor less than three years.” This section took effect in 1873. In 1887 the legislature passed an act which declares that “every person who steals property of any value by taking the same from the person of another without putting said person in fear by threats or the use of force and violence shall be deemed guilty of grand larceny, and shall, upon conviction thereof, be punished by confinement in the penitentiary for not less than one nor more than seven years.” Held, that the charge of robbery includes the offense of stealing from the person without force and violence or putting in fear, and that under an information for robbery the accused may be convicted of stealing from the person.

Error to district court, Douglas county; CLARKSON, Judge.

Prosecution against George Brown for robbery. Verdict of guilty, and judgment thereon. Defendant brings error. Affirmed.J. L. Kaley, for plaintiff in error.

Geo. H. Hastings, Atty. Gen., for the State.

MAXWELL, J.

The plaintiff in error was found guilty of robbery and sentenced to imprisonment in the penitentiary for two years. The errors assigned relate to the giving and refusing certain intructions. The information is as follows: “Of the May term of the district court of the third judicial district of the state of Nebraska, within and for the county of Douglas and state of Nebraska, in the year of our Lord 1890. I, Timothy J. Mahoney, county attorney, in and for the county of Douglas, in said state of Nebraska, who prosecutes for and on behalf of said state in the district court of said district sitting in and for said county of Douglas, and duly empowered by law to inform of offenses committed in said county of Douglas, come now here, in the name and by the authority of the state of Nebraska, and give the court to understand and be informed that on the 6th day of May, A. D. 1890, George Brown, late of the county of Douglas aforesaid, in the county of Douglas and state of Nebraska aforesaid then and there being, did then and there in said county, in and upon one Mrs. Anna M. Kervan, unlawfully, forcibly, and with violence make an assault, and her, the said Mrs. Anna M. Kervan, in bodily fear then and there feloniously did put, and from the person and against the will of her, the said Mrs. Anna M. Kervan, then and there feloniously, forcibly, and by violence did steal, take, and carry away one pocket-book of the value of $1.50, and 85c. lawful money of the U. S. of the value of 85c., all being of the value of $2.35, the property of the said Mrs. Anna M. Kervan, with the intent then and there to steal, take, and carry said property away, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Nebraska.” Section 13 of the Criminal Code provides: “If any person shall forcibly and by violence, or by putting in fear, take from the person of another any money or personal property of any...