53 Kan. 324 | Kan. | 1894
“The opinion of the court was delivered by
The defendant was prosecuted and convicted iin the district court, of Douglas county of the crime of rob
“That on the evening of the 26th day of August, 1893,, the defendant came into the laundry of the complaining witness, at about 10 o’clock at night, to get a shirt he had left, there, and laid the check for the shirt down on the counter, which the complaining witness took up, and got the shirt, and laid it on the counter; that the defendant then took out a quarter and laid it on the counter; that the complaining witness took the quarter and put it in the money drawer, and took out 5 cents in change, and laid it on the counter; that the defendant then reached over the counter and grabbed the money of the complaining witness in the drawer; that thereupon the complaining witness caught his hand containing the money, and then the defendant said, ‘Let go of me, you son of a bitch;’ and the defendant then cut the complaining witness on the hand with a knife; that the complaining witness then let go of him, and the defendant ran to get out of the door; that the complaining witness ran around the counter and caught the defendant by the coat as he went out of the door, and then the defendant turned and cut the complaining witness with a knife across here [the complaining witness indicating his abdomen]; that the complaining witness let go of him, and that the defendant then ran down the alley with the money.”
The defendant denied reaching into the money drawer and taking any money.
The claim of error is based on the refusal of the court to give two instructions which were asked by the defendant, viz.:
“2. The court instructs the jury that, if they believe from the evidence that the defendant did not assault the complaining witness until after he had snatched the money from the money drawer, they cannot find him guilty as charged in the nformation.
“3. The court instructs the jury that, to constitute the crime of robbery, under the statute, the violence to the person of the complaining witness must have been applied prior to the taking of the money, and, unless they so find, they must acquit.”
“3. To this information the defendant has pleaded not guilty, and upon the issue so made, before he can be convicted, you must be satisfied from the evidence beyond a reasonable doubt that in this county, at or ■ about the time charged, the defendant feloniously took from the money drawer of Jung Seung, in the presence of Jung Seung, and by force and violence to the person and against the will of Jung Seung, the bank bills described in the information, the property of Jung Seung, with intent to rob him of the same, as charged in the information.
“4. To make out the offense of robbery, the violence to the person as charged must have been done by the defendant with felonious intent, that is, with the intent thereby to rob Jung Seung of his money, and the money must have been obtained from the money drawer in the presence of Jung Seung by means of such force and violence to his person and against his will, as charged.”
' “10. If the jury find from the evidence that the defendant snatched the bills described from the drawer, and ran off with them, intending to deprive the owner of the same without his consent, and against his will, but without obtaining them by violence to his person, he may be convicted of larceny. It would not be robbery, however, unless the bills were obtained by violence to the person of the prosecutor. When property of the value of $20 or more is stolen, it is grand larceny. Where it is of less value than $20, it is petty larceny.”
The fourth instruction of the court is, that to make out the offense of robbery, the money must have been obtained from the money drawer in the presence of Jung Seung, by means of force and violence to his person, and against his will, as charged. This would seem fairly to convey the idea, not merely that he must have carried the money away by force and violence, but that he must have obtained it from the money drawer where it was kept by the owner by force and violence. It cannot be contended that the defendant had obtained possession of the money before it was extracted from the money drawer.
Under the facts as stated in the bill of exceptions, we think the court fairly stated the law to the jury, and the judgment is affirmed.