Thе charge in the indictment is that the defendаnt stole a watch and chain from the person of one M. Dworskey. The proоf was that he took the property from Dworskey’s person by violence. After thе verdict was returned, defendant filed a motion in arrest of judgment, on the ground that the еvidence showed that, if he committed any crime in the transaction in'question, it was rоbbery, and not the offense of which he was accused in the indictment. The district court overruled this motion, and pronouncеd judgment on the verdict. The question raised.by the motion is the only one presented by thе record for our determination.
The crime of robbery is defined by section 3858 of the Code in the following language: “ If any person, with force or violence, or by рutting in fear, steal and take from the person of another any property that is the subject of larceny, he is guilty of robbеry,” etc. And it is provided by section 3905 that “ if any person commit the crime of larcеny * * * by stealing from the person of another, he shall be punished,” etc. It will be observеd that each of the offenses includеs the taking of property from the person of another. In the one case, the taking is by stealth, while in the other it is accomplished by force or violence, or by putting in fear. In both casds, however, the taking is regarded by the law as a larceny of the property. The words “ steal аnd take,” in the section defining robbery, are synonymous with “ stealing,” as used in the other seсtion. The allegation in the indictment, that dеfendant “ did steal” the property from thе person of Dworskey, is sustained, then, by prоof that he took it from his person feloniously and with force. All that can 'be clаimed is that, while the evidence established all the ele
Affirmed.