State v. Shields

Citations

• 13 S.D. 464
• 83 N.W. 559
• 1900 S.D. LEXIS 165

Syllabus

<p>1. Under Corup. Laws, § 6492, subjecting to punishment every person who shall be guilty of an assault with intent to commit any felony, except an assault with intent to kill, an information averring that accused unlawfully, with force, did make an assault with intent certain personal property, which was then in possession of a certain person, from the person, and against the will of such person, then and there unlawfully and feloniously, by means and use of force, to steal, take, and carry awa.y, sufficiently charges a public offense.</p> <p>2. Accused and prosecuting witness met, and witness treated the former several times to drink. While together, witness looked at his watch, which accused observed, and remarked that it was a nice watch. After they had been together some time, accused requested him to wait until the evening, when he would have some money, and also requested witness to go to a friend’s with him to get the money. After they had walked along a railroad, accused pointed to a light away from the road, and stated that was where his friend lived. They left the track, and walked down into the weeds, when accused struck witness a hard blow on the head. Witness struggled away from him, and succeeded in getting back into town. Held, to sustain a finding that the assault was with intent to rob.</p> <p>3. On a prosecution for assault to rob, the prosecution may exhibit a watch and chain carried by the prosecuting witness when assaulted, and give evidence as to their value, where accused, before making the assault, had observed and commented on the witness having a nice watch.''</p>