Henderson v. State
Supreme Court of Alabama
Robbery. Appeal from Morgan Law and Equity Court. Heard before Hon. Thos. W. Wert. Rufus Henderson was convicted of robbery, and he appeals.
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Robbery. Appeal from Morgan Law and Equity Court. Heard before Hon. Thos. W. Wert. Rufus Henderson was convicted of robbery, and he appeals. An objection fatal on demurrer to an indictment will prevail on a motion in arrest of judgment. — Benjamin v. State, 121 Ala. 26; Francois v. State, 20 Ala. 83; Foster v. State, 39 Ala. 229; Brazier v. State, 44 Ala. 387. The indictment was fatally defective. — Hill v. State, 145 Ala. 58; Martin v. State, 29 Ala. 30; Thomas v. State, 91 Ala. 34.
1Opinion of the CourtMoCLELLAN, J.
Conviction of robbery.
This court, in Thomas’ Case, 91 Ala. 34, 36, 9 South. 81, said, in the exhaustive consideration of the elements and nature of this crime: “The offense is against both the person and against the property. * * * The three essential elements of the offense are: (a) Felonious intent; (b) force, or putting in fear, as a means of effectuating the intent; (c) and, by that means, a tailing and carrying away of the property of another from his person or in his presence” (lettering supplied). Its doctrine has been since approved in these decisions: Morris’ Case, 97 Ala. 82, 12…
2Cases cited5 opinions
- Thomas v. StateSupreme Court of Alabama · 1890
- Brown v. StateSupreme Court of Alabama · 1898
- Morris v. StateSupreme Court of Alabama · 1892
- Hill v. StateSupreme Court of Alabama · 1906
- Higgs v. StateSupreme Court of Alabama · 1896
3Cited by14 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Arnold v. StateCourt of Criminal Appeals of Alabama · 1977
- McCovery v. StateCourt of Criminal Appeals of Alabama · 1978
- Smith v. StateCourt of Criminal Appeals of Alabama · 1984
- Watson v. StateCourt of Criminal Appeals of Alabama · 1980
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