1719. Robbery Defined-Robbery is a wrongful taking of personal property in the possession of another from his person or immediate presence and against his will accomplished by means of force or fear. (2364 R. L. 1910.)

The character of the property described in the information may be proven by circumstantial as well as positive evidence. Moody v. U. S., 2 Okla. Cr. 666.

The charge of an assault with intent to rob need not state what the defendant intended to take, nor that he intended to deprive the owner thereof, nor is it necessary to allege ownership in the party assaulted; mere possession in him being sufficient. Tayson v. U. S., 7 Okla. Cr. 433, 122 P. 733.

To constitute "robbery," as distinguished from "larcency from the person," there must be force, violence, or intimidation in the taking. Mere snatching the property from the person of another, without violence or putting in fear, except where there is some injury or violence to the person of the owner, is not robbery. Monagham v. State, 10 Okla. Cr. 89, 134 P. 77; Nelson v. State, 11 Okla. Cr. 259, 145 P. 315. Evidence of other robberies near the same time and under similar circumstances not admissible. Miller v. State, 13 Okla. Cr. 176, 163 P. 131.

1720. 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. (2365 R. L. 1910

4a. 379

1721. 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. (2366 R. L. 1910.)

1722. What Fear Is An Element-The fear which constitutes robbery may be either:

First: 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,

Second: 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. (2367 R. L. 1910.)

An information may charge robbery in one count and riot in another, provided they grow out of the same transaction. Cochran v. State, 4 Okla. Cr. 379, 111 P. 974.

To constitute robbery in the first degree, the information must charge that the party robbed was in fear of immediate personal injury, and set for the facts in such manner as to show what the injury feared was. Slover v. Terr., 5 Okla. 507.

1723. Value of Property Not Material-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. (2368 R. L. 1910)

1724. 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. (2369 R. L. 1910)

1725. Two Degrees of Robbery-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. (2370 R. L. 1910.)

1726. Punishment For First Degree-Any person guilty of robbery in the first degree is punishable by imprisonment in the penitentiary not less than ten years. (2371 R. L. 1910.)

1727. Punishment for Second Degree-Any person guilty of robbery in the second degree is punishable by imprisonment in the penitentiary not exceeding ten years. (2372 R. L. 1910)

1728. Robbery by Two or More Persons-Whenever two or more persons conjointly commit a robbery or where 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 for not less than five years nor more than fifty years. (2373 R. L. 1910.)

The punishment goes to joint commission, not joint conviction. Slover v. Terr., 5 Okla. 507.

Not necessary that verdict state the degree. There are no degrees under this section. Se information. Rasberry v. State, 4 Okla. Cr. 613, 103 P. 865.

Admissible to show that the party robbed complained to another without stating the particulars. Robins v State, 8 Okla. Cr. 667.

1729. Racing Upon Highways-Any person driving any conveyance drawn by horses upon any public road or way, who causes or suffers his horses to run, with intent to pass another conveyance, or to prevent such other from passing his own, or wilfully obstructs the passage of another vehicle, is guilty of a misdemeanor. (2544 R. L. 1910.)

1730. Racing Near Court-Any person concerned in any racing, running or other trial of speed between any horses or other animals, within one-half mile of the place where any court is actually sitting, is guilty of a misdemeanor. (2286 R. L. 1910.)

1731. Horse Racing-Any person who shall recklessly run, or be in any way concerned in running recklessly any horse race in, along, on or across any public square, street or alley in any city or town, or in, along, upon or across any public highway, shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than ten dollars, or more than fifty dollars. (2768 R. L. 1910.)

1732. Betting or Letting Premises For Betting On RacesThat it shall be unlawful for any person or persons or association of persons, corporation or corporations, to bet or wager by means of books, machines or any other devices, or to occupy any room, shed, tenement or building, or any part thereof, or to occupy any place upon any grounds with books, apparatus, or paraphernalia for the purpose of recording or registering bets or wagers or of selling pools, or making books or mutuals upon the result of any trial of speed or power of endurance of animals or beasts, or being the owner or lessee or occupant of any room, tent, tenement, shed, booth, or building, or part thereof at any place knowingly to permit the same to be used or occupied for any other such purposes, or therein to keep, exhibit, or employ any device or

apparatus for the purpose of recording or registering such bets or wagers or the selling or making of such books, pools or mutuals, or to become the custodian or depository for gain, hire or reward of any money, property or thing of value, bet or wagered, or to be wagered, or bet contrary to the provisions of this act, or to receive, register, record, forward or purport or pretend to forward to or for any race course within or without this state any money, thing or consideration of value offered for the purpose of being bet or wagered upon the speed or endurance of any animal or beast, or to occupy any place, or building, or part thereof, with books, papers, apparatus or paraphernalia for the purpose of receiving or pretending to receive, or for recording or for registering or for forwarding or pretending or attempting to forward In any manner whatever, any money, thing or consideration of value, bet or wagered or to be bet or wagered by any person, or to receive or offer to receive any money, thing or consideration of value bet or to be bet contrary to the provisions of this act, or to aid or assist or abet at any racetrack or place in any manner in any of the acts forbidden by this statute. That any person or persons or association of person, corporation or corporations violating the provisions of this act shall be fined not less than two hundred dollars nor more than five hundred dollars, one-fourth of which shall be paid to the informer, and be imprisoned not less than thirty days nor more than ninety days. (S. L. 1913, 414.)

1733. Assisting Unlawful Business by Telegraph-That any telegraph company, its agent or employee that intentionally transmits or delivers any message to any pool room or person engaged in any manner in receiving, making or placing bets on any horse race, such company shall be fined in any sum not less than five hundred dollars nor more than one thousand dollars for each offense, and any agent or employee violating any of the provisions of this act shall be fined not less than two hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than thirty days, nor more than ninety days, or by both such fine and imprisonment. (S. L. 1913, 415.)

1734. Evidence for Prosecution—Accomplices-A conviction for the violation of any of the provisions of this act may be had upon the unsupported evidence of an accomplice or participant, and such accomplice or participant shall be exempt from prosecution for any offense in this act about which he may be required to testify. (S. L. 1913, 416.)

1735. Secret Societies-That from and after the passage of this act it shall be unlawful for any pupil registered in any elementary or high school of this state supported wholly or in part by public funds to join, to become a member of, or to solicit any other person to become a member of any fraternity, sorority or other secret society formed wholly or in part from the membership of pupils attending such schools. (S. L. 1913, 148.)

1736. Enforcement by Boards of Education-The boards of education and school directors shall enforce the provisions of section 1735 and shall have full power and authority to make all rules and regulations for the enforcement of its provisions. Any member or members of such boards of education or directors failing to take steps to enforce the provisions of section 1735 shall be liable to a fine of not less than twentyfive dollars and not more than one hundred dollars, for each failure. (S. L. 1913, 148.)

1737. Fraternities-It is hereby declared to be unlawful for any person to cause, solicit, induce or encourage any pupil or pupils of the public elementary or high schools of the State to join, or become a member of any fraternity, sorority or other secret society, or to solicit any person or persons to attend any meeting of such societies, or other meeting wherein membership to such societies is encouraged. Such person shall be liable to a fine of not less than twenty-five dollars and not more than five hundred dollars for each offense. Such offender may be tried in any court of competent jurisdiction in the State. (S. L. 1913, 149.)