Page:Revised Codes of the State of North Dakota 1895.pdf/1297

Felonious Assault. § 7118. How force or fear employed. To constitute robbery, the force or fear must be employed either to obtain or retain possession of the property, or to prevent or overcome resistance to the taking. If employed merely as a means of escape, it does not constitute robbery.

§ 7119. Degree of force immaterial. When force is employed in either of the ways specified in the last section, the degree of force employed is immaterial.

§ 7120. What fear necessary, described. The fear which constitutes robbery may be either:

1. The fear of an unlawful injury, immediate or future, to the person or property of the person robbed, or of any relative of his or member of his family; or,

2. The fear of an immediate and unlawful injury to the person or property of any one in the company of the person robbed, at the time of the robbery

§ 7121. Value of property taken immaterial. When property is taken under the circumstances required to constitute robbery, the fact that the property was of trifling value does not qualify the offense.

§ 7122. Taking secretly not robbery. The taking of property from the person of another is not robbery, when it clearly appears that the taking was fully completed without his knowledge.

§ 7123. Two degrees of robbery, defined. Robbery, when accomplished by the use of force, or of putting the person robbed in fear of some immediate injury to his person, is robbery in the first degree. When accomplished in any other manner, it is robbery in the Second degree.

§ 7124. Punishment robbery, first degree. Every person guilty of robbery in the first degree is punishable by imprisonment in the penitentiary not less than one year.

§ 7125. Punishment robbery, second degree. Every person guilty of robbery in the second degree is punishable by imprisonment in the penitentiary not less than one and not exceeding ten years.

§ 7126. Robbery by two or more conjointly. Whenever two or more persons conjointly commit a rubbery, or when the whole number of persons conjointly committing a robbery and persons present and aiding such robbery, amount to two or more, each and either of such persons is punishable by imprisonment in the penitentiary not less than one year.

CHAPTER 23.

ASSAULTS WITH INTENT TO COMMIT FELONY OTHER THAY ASSAULTS WITH INTENT TO KILL.

§ 7127. Shooting. Assault. Deadly weapon. Punishment. Every person who shoots or attempts to shoot at another with any kind of firearm, air gun or other means whatever, or commits any assault or battery upon another by means of any deadly