Bloomer v. People
New York Court of Appeals
Writ of error. The facts are stated in the opinion. There was no evidence of the corpus delicti. There must be shown not only a talcing but a felonious taking. The -corpus delicti cannot be presumed. Best on Presumptions, 268; Best on Ev. 320; 1 Whart. Cr. L. § 745, 5th ed.; Case of Plunkett, 3 City Hall Rec. 137. No 'robbery could be committed on Denny, because he was unconscious of the robbery, from liquor procured by himself.
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Writ of error. The facts are stated in the opinion. There was no evidence of the corpus delicti. There must be shown not only a talcing but a felonious taking. The -corpus delicti cannot be presumed. Best on Presumptions, 268; Best on Ev. 320; 1 Whart. Cr. L. § 745, 5th ed.; Case of Plunkett, 3 City Hall Rec. 137. No 'robbery could be committed on Denny, because he was unconscious of the robbery, from liquor procured by himself. The property must be taken against the will of the party ‘robbed. 2 Wheat. Cr. L. ed. of 1861, § 1697; 2 East, Pleas of the Crown, 702; 3 Archb. Cr. L. 417; People v.…
1Opinion of the Court
By the Court.
Davies, Ch. J.
The plaintiff in error was indicted and convicted in the Ulster county sessions of the crime of robbery in the first degree, and the conviction was affirmed at a general term of the supreme court, and the plaintiff now brings his writ of error to this court. His crime is thus defined by our statute: "Every person who shall be convicted *147of feloniously talcing the personal property of another from his person, or in his presence, and against his will, by violence to his person, or by putting such person in fear of some immediate injury to his person, shall be adjudged…
2Cases cited1 opinion
- People v. LoopNew York Supreme Court · 1857