State v. O'Keefe
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Storey county; Charles E. Mach, District Judge: John O’Keefe was convicted of an attempt to commit robbery, and appeals. The facts sufficiently appear in the opinion. I. The gist of an attempt to rob is doing some act towards this and failing or being prevented.
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Appeal from the District Court of the State of Nevada, Storey county; Charles E. Mach, District Judge: John O’Keefe was convicted of an attempt to commit robbery, and appeals. The facts sufficiently appear in the opinion. I. The gist of an attempt to rob is doing some act towards this and failing or being prevented. If there is no overt act towards the accomplishment of the robbery resulting in failure or interception, there can be no attempt to rob, any more than if no property is taken from the person by violence there can be no robbery. In either event a conviction would he against law. In…
1Opinion of the Court
By the Court,
Belknap, J.:
Appellant was tried separately upon an indictment charging him jointly with Charles Martin and Frank Conlan of the crime of robbery perpetrated upon the person of Jonathan Lees.
It was shown that Lees and McDonald during the daytime were in the front portion of a house occupied by McDonald, when a party of boys, among whom was the defendant, invaded the premises, separated the men by driving McDonald to the rear and detaining him there while the others robbed Lees of an inconsiderable sum of money. It was not definitely shown that defendant participated in the robbery…
2Cases cited1 opinion
- Proctor v. DeCampIndiana Supreme Court · 1882
3Cited by9 opinions
- State v. CummingsHawaii Supreme Court · 1967
- Territory v. Ebarras.Hawaii Supreme Court · 1952
- State v. ManganaNevada Supreme Court · 1910
- Buck v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- Roland v. StateNevada Supreme Court · 1980
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