Rogers v. Commonwealth
Supreme Court of Pennsylvania
In Error, ERROR to the Court of Quarter Sessions of Philadelphia county. The plaintiff in error, John Rogers, was indicted and convicted in the Court of Quarter Sessions.
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In Error, ERROR to the Court of Quarter Sessions of Philadelphia county. The plaintiff in error, John Rogers, was indicted and convicted in the Court of Quarter Sessions. The first count of the indictment was for assaulting James Earle, and “ with intent feloniously to steal, take, and carry away the _ , , , - ,. , J , . . , money of the said Earle irom his person, he put his right hand into the pocket of the coat of the said Earle, on the body of the said Earle, and other harms then and there did, &c.” There was a second countin the indictment, for assault and battery. The Court sentenced…
1Opinion of the Court
Duncan J.
The exceptions to the indictment are groundless. The first is, that the goods or monies, intended to be stolen, and the value, are not specified-! The intention of the person, was to pick the pocket of Earle of whatever he found in it; and although there might be nothing in the pocket, the intention to steal is the same: he had no particular intention to steal any particular article, for he might not know what was in it)* it would be impossible to lay the intention in any other way than a general intention to pick the pocket of Earle. The crime was the assault j the intention is only…
2Cited by2 opinions
- State v. WilsonSupreme Court of Connecticut · 1862
- Masterson v. GoodlettTexas Supreme Court · 1877