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.…
1Concurrence
AILSHIE, J.,
Concurring. — I think the information in this ease is probably sufficient to charge defendant with the crime of robbery under the provisions of sec. 6590. (In re Myrtle, 2 Cal. App. 383, 84 Pac. 335.) This court has quite uniformly held that an indictment or information is sufficient if it charges the offense in the language of the statute. (People v. Butler, 1 Ida. 231; United States v. Mays & Overholt, 1 Ida. 763; People v. O’Callaghan, 2 Ida. 156 (143), 9 Pac. 414; State v. Swensen, 13 Ida. 1, 81 Pac. 379; State v. Neil, 13 Ida. 539, 90 Pac. 860, 91 Pac. 318; State v. Squires,…
2Cases cited15 opinions
- People v. NelsonCalifornia Supreme Court · 1880
- State v. NeilIdaho Supreme Court · 1907
- People v. ChurchCalifornia Supreme Court · 1897
- People v. ButlerIdaho Supreme Court · 1869
- People v. O'CallaghanIdaho Supreme Court · 1886
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