State v. Brill
Idaho Supreme Court
APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. Defendant was convicted of the crime of robbery and sentenced to imprisonment in the state penitentiary for a term of not less than five nor more than eight years. An indictment or information for robbery must allege that the property taken was the property of some person other than the defendant.
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APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. Defendant was convicted of the crime of robbery and sentenced to imprisonment in the state penitentiary for a term of not less than five nor more than eight years. An indictment or information for robbery must allege that the property taken was the property of some person other than the defendant. (People v. Vice, 21 Cal. 345; People v. Ammerman, 118 Cal. 25, 50 Pac. 15; People v. Sicks, 66 Cal. 103, 4 Pac. 1093; In re Myrtle, 2 Cal. App. 383, 84 Pac. 335; United States v. McNemara, 26 Fed.…
1Opinion of the CourtSullivan, J.
The defendant was charged with and ...convicted of the crime of robbery and sentenced to imprisonment in the penitentiary for a term of not less than five years nor more than eight years. A motion for a new trial was denied and the appeal is from the judgment and from the order denying the new trial.
Numerous errors are assigned, and the first is that the information failed to allege the ownership of the property taken. The charging part of the information is as follows :
“And the said John Brill, alias John Boden, did then and there and by means of said fear inspired in the said Efton Carr as…
2Cases cited9 opinions
- State v. MarrenIdaho Supreme Court · 1910
- State v. HowardMontana Supreme Court · 1904
- People v. ButlerIdaho Supreme Court · 1869
- People v. O'CallaghanIdaho Supreme Court · 1886
- Clemons v. StateTennessee Supreme Court · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- State v. TaylorIdaho Supreme Court · 1939
- State v. GilbertIdaho Supreme Court · 1943
- State v. HallIdaho Supreme Court · 1963
- State v. StoddardIdaho Court of Appeals · 1983
- State v. KleierIdaho Supreme Court · 1949
33 more not listed; retrieve them via the Exa API.