Tucker v. State
Tennessee Supreme Court
FROM DAVIDSON. Criminal Court, January Term, 1872. Thomas N. Frazier, J. insisted that an indictment for robbery, does not include simple larceny, but does include stealing from tbe person; citing 3 Green!., § 229, (Redf. ed.); also, note; Code, 4682; Carden v. State, 3 Head, 267. In tliese offenses the value is not material, Code, 4681, 4682; in simple larceny it is. cited 1 Archb., 308, 9; 606, n.; 1 Russ on Cr., 905; Code, 5122, 5222.
1Opinion of the Court
Nichodson, C. J.,
delivered tbe opinion of the Court.
Wm. Tucker and two others, were indicted in the Criminal Court of Davidson county, at its January Term, 1872, for robbery, and Tucker was convicted of petit larceny, for which be was sentenced to ■ five years’ imprisonment in the Penitentiary. He has appealed to this 'Court.
*485The error relied on for reversal, is, that in his charge, the Judge instructed the jury, that “the first count of the indictment (for robbery) includes not only robbery, but the lesser offense of larceny, which by our act of Assembly, may be either grand or petit…
2Cited by3 opinions
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- Hughes v. StateTennessee Supreme Court · 1922