State v. Brown
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Hon. J. M. Davis, Judge. (1) Robbery is larceny from the person, by violence, or by putting in fear. ' 2 Bishop, Crim. Law [ 3 Ed.] p. 595 ; Long v. State, 12 Gia. 293; People v. Nelson, 56 Cal. 77. (2) Larceny is characterized by a felonious intent.
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Appeal from Livingston Circuit Court. — Hon. J. M. Davis, Judge. (1) Robbery is larceny from the person, by violence, or by putting in fear. ' 2 Bishop, Crim. Law [ 3 Ed.] p. 595 ; Long v. State, 12 Gia. 293; People v. Nelson, 56 Cal. 77. (2) Larceny is characterized by a felonious intent. State v. Ware, 62 Mo. 597 ; State v. Shermer, 55 Mo. 83; State v. Stone, 68 Mo. 101. (3) Therefore, in robbery, the taking must be with an intent to appropriate the property as in larceny, with apimo furandi. People v. Keefer, 2 West C. Rep. (Cal.) 878; Long v. State, 12 Ga. 293; State r>. Holly way, 41…
1Opinion of the CourtThomas, J.
— The defendants were tried for and convicted of robbery of the first degree in the circuit court of Livingston county in September, 1890, and sentenced to imprisonment in the penitentiary for a term of five years. They have appealed to this court to obtain a reversal of this sentence.
I. It is urged, first, that the indictment is defective, in not charging that defendants feloniously put the prosecuting witness “in fear of some immediate injury to his person.” This contention is not tenable. The indictment charges that the defendants feloniously assaulted the prosecuting witness and…
2Cases cited10 opinions
- State v. PartlowSupreme Court of Missouri · 1886
- State v. PalmerSupreme Court of Missouri · 1886
- Gerard B. Allen & Co. v. Frumet Mining & Smelting Co.Supreme Court of Missouri · 1881
- State v. YoungSupreme Court of Missouri · 1889
- State v. CookSupreme Court of Missouri · 1884
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3Cited by29 opinions
- Williams v. KaiserSupreme Court of the United States · 1945
- People v. RosenCalifornia Supreme Court · 1938
- Edwards v. StateWisconsin Supreme Court · 1970
- State v. QuisenberrySupreme Court of Missouri · 1982
- State v. SattleySupreme Court of Missouri · 1895
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