Clernt v. State
| Citation | 192 N.W. 209,109 Neb. 628 |
| Decision Date | 15 February 1923 |
| Docket Number | 22931 |
| Parties | LOUIE CLERNT v. STATE OF NEBRASKA |
| Court | Supreme Court of Nebraska |
ERROR to the district court for Burt county: CHARLES A. GOSS JUDGE. Affirmed.
AFFIRMED.
Jamieson O'Sullivan & Southard, for plaintiff in error.
Clarence A. Davis, Attorney General, and Jackson B. Chase, contra.
Heard before MORRISSEY, C. J., LETTON and ALDRICH, JJ., RAPER and TROUP, District Judges.
Defendant prosecutes error from a conviction in the district court for Burt county of a violation of section 9622, Comp. St. 1922, which reads as follows:
"Whoever enters any building occupied as a bank, depository or trust company and by violence or by putting in fear any person or persons in charge of or connected with said bank, depository or trust company with intent to take, steal or carry away any of the money, goods, chattels or other property belonging to or in the care, custody or control of said bank, depository or trust company shall be deemed guilty of a felony and on conviction thereof shall be confined in the state penitentiary not less than ten nor more than twenty-five years."
Numerous assignments of error assailing the information and the proceedings are made, but, with the exception of the question which will be hereinafter discussed, these assignments fall under the rule announced in Smith v. State, ante, p. 579, and they will not be further noticed in this opinion.
The information charged that defendant did unlawfully, intentionally and feloniously enter a bank building, which is properly described, and did then and therein unlawfully, intentionally and feloniously by violence and by putting in fear the employee in charge of the bank steal, take and carry away money, goods and chattels.
The only evidence in the record is that presented by the state. It appears that on June 2, 1922, defendant and two others drove from Omaha to Decatur in a coupe; that defendant drove the car into an alley about 325 feet from the bank which was entered; that he remained in the car and kept the engine running while his companions entered the bank and by violence took therefrom a sum of money. When defendant's companions entered the bank, the young lady in charge made an outcry, which aroused a number of the men of the village who, procuring arms, pursued defendant's associates, who ran to and entered the coupe. Defendant then undertook to drive south through the alley that he and his associates might effect an escape, but found that avenue of escape shut off by citizens who opened fire upon the car. The men within the car returned the fire, but finding it too hazardous to proceed farther south the car was reversed and they attempted to effect an escape from the alley by way of the north entrance. In the hurry and excitement of the moment the car was jammed against a tree with so...
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Clernt v. State
...109 Neb. 628192 N.W. 209CLERNTv.STATE.No. 22931.Supreme Court of Nebraska.Feb. 15, Syllabus by the Court. One who accompanies others to the neighborhood of a bank, and there remains in charge of an automobile with the purpose of aiding in the escape of his companions, who enter the bank and......