Page:1862 Territory of Dakota Session Laws.pdf/185

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168
CRIMINAL PROCEDURE.
[CHAP. IX.

CRIMES AND OFFENCES RELATIVE TO PROPERTY.

Robbery. Penalty for.Sect. 57. 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 punished by confinement in the penitentiary, for a term not less than one year, nor more than fourteen years.

Larceny. Penalty for.Sect. 58. Larceny is the felonious stealing, taking and carrying, leading, riding, or driving away the personal goods of another. Larceny shall embrace every theft which deprives another of his money, or other personal property, or those means or muniments, by which the right and title to property, real or personal, may be ascertained. Private stealing from the person of another, and from a house in the day-time, shall be deemed larceny. Larceny may also be committed by feloniously taking and carrying away any bond, bill, note, receipt, or any instrument of writing of value to the owner. Every person convicted of larceny, shall be punished by confinement in the penitentiary, for a term not less than one year, and not more than ten years.

Same.Sect. 59. If any person shall remove, haul, or in any manner take away any claim-house, shanty, or other building, the property of another, he shall be deemed guilty of a larceny, and upon conviction thereof, shall be punished as provided in the last preceding section.

Receiving stolen goods. Not condemned to penitentiary unless amount stolen exceeds five dollars.Sect. 60. Every person who for his own gain, or to prevent the owner from again possessing his property, shall buy or receive stolen goods, or any thing, 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, upon conviction, be punished by confinement in the penitentiary, for any term not less than one year, nor more than ten years, and every such person may be tried, convicted, and punished, as well before has after the trial of the principal. No person, convicted of larceny, or of buying or receiving goods or other things obtained by larceny, burglary, or robbery, shall be condemned to the penitentiary, unless the money or the value of the things stolen, bought or received, shall amount to five dollars.