13 S.D. 464 | S.D. | 1900
Defendant was convicted of the crime of assault with intent to commit felony. The information (omitting formal parts) is as follows: “That James Shields, late of said county, yeoman, on the 13th day of December, in the year * * * 1899, at the county of Minnehaha and State of South Dakota, aforesaid, in and upon one Gustave Dreger did then and there willfully, unlawfully, and feloniously, and with force and arms, make an assault, with the intent certain personal property, viz, current money of the United States to the amount and of the value of one dollar, and one watch and chain of the value of forty dollars, all of which said personal property was then and there the property of and in the possession of, said Gustave Dreger,. from the person and against the will of the said'Gustave Dreger then and there unlawfully, willfully, and feloniously, by means and use of force, to steal, take, and carry away.” It is conceded that the prosecution is under the following section of the Penal Code (Comp. Laws, § 6492): “Every person who is guilty of an assault with intent to commit any felony, except an 'assault with intent to kill, the punish-. ment for which assault is not prescribed by the preceding section, is punishable by imprisonment in the slate prison not exceeding five years, or in a county jail not exceeding one year, or Dy a fine not exceeding five hundred dollars, or by both such fine and imprisonment.” The contention that the information fails to charge a public offense is untenable. The act charged as an offense is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is. intended, and with such a degree of certainty as to enable the poutt to pronounce judgment upon a conyiction according to
There was no error in allowing the government to exhibit to the jury the watch and chain carried by the prosecuting witness when assaulted, and to introduce evidence as to their value. The actual and apparent value of these articles were material facts to be considered in ascertaining whether robbery was intended. That this laboring man was sleeping in a - railroad station, and visiting saloons, with a watch worth 140,
There was no error in the exceptionally fair, clear and comprehensive charge of the learned circuit court. It gave the law correctly, and covered every proposition contained in the defendant’s requests which should have been given. The judgment appealed from is affirmed.