State v. Oliver
Montana Supreme Court
Appeal from District Cou/rt, Silver Bow County. William Clancy, Judge. The Dependant, C. M. Oliver, was convicted of the crime of robbery, and appeals. Statement of the case by the court.
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Appeal from District Cou/rt, Silver Bow County. William Clancy, Judge. The Dependant, C. M. Oliver, was convicted of the crime of robbery, and appeals. Statement of the case by the court. The defendant and appellant, C. M. Oliver, was informed against for the crime of robbery, alleged to have been committed in the County of Silver Bow, about December 8, 1896, “by feloniously and with force and intimidation, and by putting in fear one J ohn Ball, and taking from the possession and immediate presence of the said J ohn Ball, and against his will, the sum of thirty dollars, lawful money of the…
1Per curiam
The court gave, among others, the following instruction : “The jury are instructed that robbery is the taking of personal property in the possession of another from the person or immediate presence against his will, accomplished by means of force or fear. ’ ’
The Attorney General concedes that, if this instruction stood alone as a definition of the crime of robbery, the omission of the word “feloniously” would be prejudicial error. This concession, we think, is properly made, for, if there be no felonious taking of the personal property, there can be no robbery. Under Section 390 of the Penal…
2Cases cited1 opinion
- State v. CasavantSupreme Court of Vermont · 1892
3Cited by9 opinions
- Bretz v. CristCourt of Appeals for the Ninth Circuit · 1976
- State v. FordhamNorth Dakota Supreme Court · 1904
- State v. DarchuckMontana Supreme Court · 1945
- State v. HeiserMontana Supreme Court · 1965
- State v. MullenSupreme Court of Iowa · 1911
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