-Force necessary to conviction if female over sixteen, 224131. -Assault with intent to--what is not, 223-324; 215-520; 263 564. -Assault with intent-what must be shown, 210-206; 42 217. Accused of a minor, 220-16; 145-279; 253-283. -Election to try one of three-when not required, 220-304. -Without force-essentials for conviction, 220-16; 213-72. -Verdict for assault improper-259-592. -Female under age, 283-398. --Offering to settle bastardy--force of, 283-398. -Proof of good character of accused, 218-323. -Age of accused-how may be proved, 213-72; 258-395; 283-398. -Proof of complaint by victim-when good, 210-410; 124576; 158-111; 276-292 (294). -When not sufficiently shown, 210-410; 251-431; 276-251; 274-600. -Delay in bringing complaint-force of, 210-410. -Indictment-when sufficient, 202-53; 145-279; 252-29. -That child is a degenerate is no defense, 202-53; 251-431. -Sec. 237 not repealed by Seduction Act, 202-53. -Conviction on evidence of child victim, 202-53. ---Instruction as to consent-assault with intent, 179-633. -Age as a defense must be proved by accused, 145-279; 276251 (256); 284-39. -Consent of victim-rule as to, 145-279; 20-318; 110-248; 121-497. -Considered and defined, 145-279. -Conviction sustained, 145-279; 276-251 (253); 281-340; 116-247. -Acts of victim afterward-when competent, 145-279. -Punishment may be life imprisonment, 284-39 (41). -Reversed for failure to prove venue, 150-405. -Girl eleven years old-conviction, 148-173. -Consent-want of, in rape-State must prove, 145-279. 238. Emission. It shall not be necessary to prove emission to convict any person of the crime of rape. RECEIVING STOLEN PROPERTY. 239. Defined and Penalty. 240. Second offense. 241. Procedure in. 242. Railroad property. 239. Receiving. Every person, who, for his own gain, or to prevent the owner from again possessing his property, shall buy, receive or aid in concealing stolen goods, or anything the stealing of which is declared to be larceny, or property obtained by robbery or burglary, knowing the same to have been so obtained, shall be imprisoned in the penitentiary not less than one nor more than ten years, or if such goods or other property or thing does not exceed the value of $15, he shall be fined not exceeding $1,000, and confined in the county jail not exceeding one year. -Knowledge must be shown-other essentials, 240-375, 197482; 60-354; 135-243; 251-475; 274-616 (623); 273-564 (573). -Accessory before the fact-when guilty, 237-348. -Evidence that accused offered goods for sale-good, 237 348. -Instructions as to possession of goods by accused, 229-376. -Instructions as to possession, 117-35; 104-544; 204-233; 229-376; 196-173. -Instruction held bad, 273-564 (572). -Other like offenses, 284-513. -Instructions as to knowledge held bad, 197-482. -Evidence held to prove the crime of, 227-364; 51-311; 135243; 102-160; 118-538. --Circumstantial evidence to show knowledge-good, 227 364. -Evidence to show-what good, 227-364; 139-526; 101-16; 274-214 (219); 279-348; 273-564 (572). -Alleged stolen goods not admissible-when, 210-196. -Identification of property-must be clear, 210-196; 34-516; 279-348 (351). --Identification of stolen property-fact for jury, 214-170; 34-516. -Ownership must duly be alleged in indictment, 225-610; 269-181; 281-318. -What shows knowledge goods were stolen, 208-15. --Proof of, is not basis for conviction for larceny, 204-233. -Possession of goods-how far proof of guilt, 204-233; 139526; 54-404; 102-241; 134-444; 35-204. -Possession of property-instruction as to force of, 196 -Possession as evidence, 139-526; 266-216. -Description of property in indictment-what good, 175221; 101-382. -Result of burglary--conviction, 139-526. -Value-verdict must find, 125-256; 104-565; 125-256; 1 Scam 392. 240. Second Offense. Whoever, after having been convicted of the offense of buying, receiving or aiding in the concealment of stolen money, goods or any property, the stealing of which is declared to be larceny, or property obtained by robbery or burglary, if he be again convicted of a like offense, or whoever, at the same term of court, is convicted of three distinct acts of buying, receiving or aiding in the concealment of stolen property, or property obtained by robbery or burglary, knowing that the same was so obtained, shall be imprisoned in the penitentiary not less than two nor more than fifteen years. 241. Procedure. In any prosecution for the offense of buying, receiving or aiding in the concealment of stolen property, or property obtained by robbery or burglary, knowing that the same was so obtained, it shall not be necessary to aver nor to prove on the trial that the person who stole, robbed or took the property, has been convicted. 242. Property of Railroad Company. If any person shall purchase or receive for sale from any other person any link, pin, bearing, journal or other article of iron, brass or other metal which has been manufactured and is used exclusively for railroad purposes, and which shall have stamped thereon the name of some railroad company, or the initial letter thereof, without the consent in writing of the president, general manager or general superintendent of such railroad company, such person shall be fined in a sum not less than $100 nor more than $500, and be imprisoned not less than ten days nor more than ninety. 243. Restoring Stolen Goods. All property obtained by larceny, robbery or burglary, shall be restored to the owner, and no sale, whether in good faith on the part of the purchaser or not, shall divest the owner of his right to such property. Such owner may maintain his action not only against the felon, but against any person in whose possession he may find the same. RESISTING OFFICERS. 244. While executing pro- 245. Refusing to join posse. cess. 244. In Executing Process. If any person shall knowingly and willfully obstruct, resist or oppose any sheriff, deputy sheriff, coroner, constable or other officer of this state, or other person duly authorized, in serving or attempting to serve any lawful process or order of any court, judge or justice of the peace, or any other legal process whatsoever, or shall assault or beat any sheriff, deputy sheriff, coroner, constable or other officer, or person duly authorized, in serving or executing, or attempting to serve or execute any process or order aforesaid, or for having served or executed or attempted to serve or execute the same, every person so offending shall be fined not exceeding $500, and imprisonment not exceeding one year. -One killed while resisting (See Homicide). -What proof sufficient, 17-373. 245. Refusing to Join Posse. Every male person above eighteen years of age, who shall neglect or refuse to join the posse comitatus, or power of the county, by neglecting or refusing to aid and assist in taking or arresting or securing any person against whom there may have issued any civil or criminal process, or by neglecting or refusing to aid and assist in retaking or securing any person who, after having been arrested or confined, may have escaped from such arrest or imprisonment, or by neglecting or refusing to aid and assist in preventing any breach of the peace, or the commission of any criminal offense, being thereto lawfully required by any sheriff, deputy sheriff, coroner, constable, judge or justice of the peace, or other officer concerned in the administration of justice, shall be fined not less than $10 nor more than $50. ROBBERY. 246. Definition and Punishment. Robbery is the felonious and violent taking of money, goods or other valuable thing, from the person of another by force or intimidation. Every person guilty of robbery shall be imprisoned in the penitentiary not less than three years nor more than twenty years; or if he is armed with a dangerous weapon, or being so armed, he wounds or strikes him, or if he has any confederate present so armed, to aid or abet him, he shall be imprisoned in the penitentiary for any term of years not less than ten years or for life. -"Hold up" on street car-what not sufficient proof of, 242-197. -Hold-up on street-conviction, 131-22; 148-70. 'Hold up' victim shot as he ran away-effect, 242-396. -"Hold up" is complete although goods are recovered in the struggle, 234-391. -"Hold up"-two defendants guilty of, are equally guilty, 234-391. -Possession of goods after robbery is evidence of guilt, 242-628; 237-541. -Identification of accused-what sufficient, 242-197. -That a revolver on accused was not loaded may be shown, 237-541. That accused possessed a coin like one stolen-good, 237-541. -Robbery distinct from larceny, 234-391; 171-40. -Prosecution not barred by accquittal on murder charge, 229-598. -Securing money by fraud without force or fear is not, 224-434. -Intent to rob-what shows, 224-218. -By use of knock-out drops, 111-120. -Taking property-what not sufficient to support robbery, 224-218. -Sentence for "robbery," etc., is sufficient for robbery, 208-460. -Force and intimidation are gist of crime, not value of property, 196-211. -What is sufficient proof, 196-211; 111-120. -Verdict need not name place of imprisonment, 194-325. -Force necessary to constitute, 171-540; 113-596. -What does not prove, 171-540; 115-566; 98-275. -Essential elements of-from person, 148-70. -Farmer called to door and money demanded-conviction, 134-599. -Indictment for robbery, 39-233. -Proof of venue, 114-24. |