Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-05-03
SUPREME coURT DECISIONS.
Decisions Handed Down BY the su.
$preme Court Today-Syilabus.

prere Court Today-SyIlabus.
The supreme court today handed
down two decisions In criminal
cases argued at the last term of court
In the case of the State against John
Sanders, who appealed from judg
ment of conviction in the district
court of Cass county, the judgment of
the lower court is affirmed. Sanders
was convicted of robbery in the dis
trict court and motion in arrest of
judgment was overruled. The suffi.
cheney of the information upon which
the trial was had is attacked in the
appeal, and the supreme court in
affirming the judgment of conviction.
says in its syllabus:
1. An information for robbery suffi.
GENTLY describes the property alleged
to have been taken if the property is
described with sufficient certainty to
enable the jury to say whether the
are the same as those referred to in
the information and to enable the
court to know judicially that the arti-
cles could have been the subject mat
ter of the offense charged.
2. In an information for robbery
accomplished by fear it is not neces-
sary to allege the means whereby the
fear was created.
2. The complaining witness was
compelled to submit to the robbery by
the defendant aiming pistol at him
and ordering him to throw up his
hands. Held, that the robbery was
accomplished by putting in fear.
4. Proof that robbery was accom-
plished by both force and fear is not
variance from an information that
alleges that the taking was accom-
plished by fear.
5. Although an information for rob-
| berry alleges the taking Of several
articles it is sufficient to prove the
taking of some of them.
| 6. Where in a case Of robbery the
proof is such that the defendant is
either guilty of the crime charged or
wholly innocent it Is proper for the
court to so instruct the jury.
! Z. A certificate of probable cause
is not alone sufficient to stay execu
ton in criminal case, and an appli
cation for such certificate with a view
to suspending' the execution of sen
tence pending appeal in a crimina
case will not be entertained by the
supreme court when the defendant
has neither offered to give bail mol
applied to the trial judge under sec
ton ss4O, Revised Codes, for a stay
Of execution without bail.
Appeal from the district court O.
Cass county,, Charles A. Pollock, J.
! M. A. Hildreth, for appellant.
c. N. Erich, attorney general, anG
w. H. Barnett, states attorney Of
Cass county, for respondent.
In the case of the State against
George O'Malley, who appealed from g
judgment of conviction, the cour
passes upon an interesting point
O'Malley was tried for the same rob
berry as that alleged in the preceding
case. In this case he took the stant
in his own behalf and testified thai
he had not committed the offense ant
there was evidence to show that he
was intoxicated. The court in charg
ing the jury, did so in this language:
Il charge you that a person intends
the ordinary consequences of his
voluntary act, and that an unlawful
act was done with an unlawful
intent; and the question here would
be: Was the condition of the defend
ant with reference to his intoxication
such as to overcome and do away with
any intent to commit the crime
charged? And in connection with
this will say that you are to investi
gate all the evidence with reference
to the surrounding circumstances and
ascertain whether he was so intoxi
Gated as to prevent the formation OF
the intent required by law
This instruction the court holds to