Stockton v. Commonwealth
Court of Appeals of Kentucky
CASE 31. — PROSECUTIÓN AGAINST WALTER STOCKTON AND ROBERT TILLMAN FOR ROBBERY. Appeal from Mason Circuit Court. James P. Hakbeson, Circuit Judge. Defendants convicted and appeal. Our contention is: (1) Taking by means of a trick — This is not robbery in the absence of violence. (2) Intentional force — Where robbery is accomplished by force or violence, it must appear that the violence was intentiona.
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CASE 31. — PROSECUTIÓN AGAINST WALTER STOCKTON AND ROBERT TILLMAN FOR ROBBERY. Appeal from Mason Circuit Court. James P. Hakbeson, Circuit Judge. Defendants convicted and appeal. Our contention is: (1) Taking by means of a trick — This is not robbery in the absence of violence. (2) Intentional force — Where robbery is accomplished by force or violence, it must appear that the violence was intentiona. (3) Snatching — The mere snatching of a thing from the hand or person of another without any struggle or resistance by the owner or any force or violence on the part of the theif does not amount…
1Opinion of the Court
Opinion op the Court by
Judge Nunn
Affirming.
The appellants were indicted, tried, and convicted of the crime of robbery; each receiving a sentence of five years in the penitentiary. Appellants’ counsel contends that the testimony did not show that the appellants had committed the crime of robbery, and that the court should have given a peremptory instruction to the jury to find for the appellants.
The testimony of Thomas Warner, the prosecuting witness, was to the effect that he lived in the county of Mason, and went to the town of Maysville, Saturday afternoon, March 10, 1906; that he went to…
2Cases cited1 opinion
- Jones v. CommonwealthCourt of Appeals of Kentucky · 1902
3Cited by9 opinions
- People v. ClaytonCalifornia Court of Appeal · 1928
- Armstrong v. CommonwealthCourt of Appeals of Kentucky · 1921
- Falconiero v. Maryland Cas. Co.New Jersey Superior Court Appellate Division · 1960
- United States v. Tyler WilliamsCourt of Appeals for the Sixth Circuit · 2022
- Lunce v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
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