State v. Roberts

Citations

• 67 Kan. 631
• 73 P. 905
• 1903 Kan. LEXIS 308

Syllabus

<p>SYLLABUS BY THE COUKT.</p> <p>1. Assault with Intent to R^b — Sufficient Information. In a prosecution for assault with intent to commit robbery, under section 2026, General Statutes of 1901, it is not necessary that the information allege that the assaulted person had money or other property in his possession which the defendant was seeking to take.</p> <p>2. -Held Not the Completed Crime of Robbery. In a prosecution for assault with intent to commit robbery, it was shown that the defendant placed a pistol against the body of the prosecutor and ordered him to hold up his hands. He then took the prosecutor’s watch, which he returned, saying that he was looking for counterfeit money. The person assaulted had the sum of twenty dollars in currency on his person which was not discovered by defendant. Held, that the jury were justified in finding that the acts of the defendant constituted the crime charged, and that the verdict should not be set aside on the ground that the completed crime of robbery was perpetrated.</p> <p>3. Practice, Supreme Court — Revieiv of Instructions. Instructions given or refused in a criminal case will not be considered upon appeal unless they are brought on the record by a bill of exceptions. The same is true, of affidavits in support of a motion for a new trial.</p>