People v. Goins

I agree with the affirmance but find the reasoning used to support the conviction for grand theft under the first count unnecessarily complex.

Quite clearly, the crime of robbery (Pen. Code, § 211) includes within itself the lesser-included crimes of theft and of theft from the person (Pen. Code, §§ 484, 487). Section 211 defines robbery as, ". . . the felonious 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." (Italics added.) Section 484 defines theft in part: "Every person who shall…