Sheasbey

— Defendant appeals from a judgment of conviction of robbery and kidnaping. The facts out of which the charge grew are briefly as follows: Defendant sold the complaining witness J. T. Brown two pumps with operating machinery and an electric range, which were delivered and installed upon the ranch and premises of the latter. The sale was made and evidenced by a written lease-contract requiring installment payments to be made by the purchaser. Trouble and disputes arose between the two men in respect of promises alleged to have been made by the defendant as to the character of installation and in respect of the failure of the buyer to make the installment payments as they became due. These disputes found their way into the justice’s court and the superior court. Defendant sought legal advice and finally came to the conclusion that he had the legal right to go upon the premises of Brown and retake the range, pumps, and machinery. The lease-contract contained the provision that should the buyer fail to comply with any covenant or condition of the contract, “the seller may retake said personal property as owner thereof.” It also had the customary provision found in such lease-contracts…