79 Neb. 86 | Neb. | 1907
The defendant in the district court for Douglas county was convicted of the crime of robbery as defined in sec-ion 13 of the criminal code. He complains of two principal matters in which he contends that the judgment of the trial
1. The first contention is based mainly upon the lack of evidence, as he thinks, to identify him as the person who committed the crime. On the evening of Noveiivber 9, 1905, Mr. Healey was alone in his saloon in South Omaha, when two men entered. One of them presented a revolver and commanded Mr. Healey to hold up his hands. Mr. Healey was overaAved and at once complied, and, Avhile he Avas so under the control of the man Avith the revolver, the other stranger took the money from the register, amounting to about $9, and, after warning Mr. Healey that if he gave alarm Avithin ten minutes he would be killed, they left Avith the money they had secured. Mr. Hea’ey identified the defendant as the man who threatened him Avith tin* revolver. He is very positive in this testimony, and appears, so far as the evidence contained in the record shoAvs, to have been a fair and intelligent Avitness. He is to some extent supported in this identification by several witnesses, one of Avhom testifies that he left Mr. Healey’s saloon a feAV minutes before the time that Mr. Healey testifies that the robbers entered. This Avitness testifies that, as he went out of the door of the saloon, he passed two men whom he describes substantially as the tAVO men are described by Mr. Healey, and he positively identified this defendant as one of these two men. There was an electric street light in front of the saloon door, from 50 to 75 feet distant, and the witness obtained a fair view of the personal appearance and the countenance of the man Avho he is certain was this defendant. The record discloses no reason for rejecting the testimony of these witnesses, nor for concluding that the jury ought not to have believed them, and, if this evidence is believed, it was sufficient, supported as it was by that of several other witnesses, to justify the conviction. We are satisfied that this verdict ought not to be set aside, for want of evidence to support it.
The sentence is reduced to imprisonment in the penitentiary for ten years, and the judgment so modified is affirmed.
Judgment accordingly.