People v. Nelson

The defendant was convicted of the crime of robbery, and he appeals from the judgment, and an order denying him a new trial. Numerous errors in the admission, of evidence and in the refusal to give certain instructions, as asked by defendant, are assigned; and in order to make clear the points presented, a brief statement of the facts should be made. The offense charged was committed by stopping one Thomas Davis on the highway, and taking from him his watch and chain and a small amount of money. Davis was the foreman of a ranch situated on the north side of the American River, in Sacramento County, and on the third *424 day of July, 1889, was in the city of Sacramento to obtain supplies for the ranch. He met there one John Cownie, who had recently come to this state from Iowa, and took him into his buggy, and then drove across the river towards the ranch. Shortly after passing the river, and at about two o’clock in the afternoon, or a little later, he was stopped on the road by a man who came out of the brush, and presenting a revolver, told him to halt, and to strip his pockets, and throw out his watch, quick. Davis threw his watch and money on the ground, and the robber then…