Legal Opinion

State v. Davidson

Supreme Court of Missouri

Decided July 15, 1866PublishedCited by 8 opinions

Appeal from Greene Circuit Court. Davidson was indicted in the Christian Circuit Court for robbery. The indictment charged substantially that Alfred Davidson, on the 30th day of September-, 1861, in the county aforesaid, did then and there feloniously, on purpose, and of his malice aforethought, steal, take and carry away a rifle gun, being then and there the property of John Day, and of the value of twenty dollars, which said rifle gun the said Alfred Davidson took and…

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Appeal from Greene Circuit Court. Davidson was indicted in the Christian Circuit Court for robbery. The indictment charged substantially that Alfred Davidson, on the 30th day of September-, 1861, in the county aforesaid, did then and there feloniously, on purpose, and of his malice aforethought, steal, take and carry away a rifle gun, being then and there the property of John Day, and of the value of twenty dollars, which said rifle gun the said Alfred Davidson took and carried away in his presence, and against his will, by putting him in fear of some great bodily harm, with the intent in so…

1Opinion of the CourtHolmes, Judge

This was an indictment for robbery in the first degree. The allegation is that the defendant feloniously did steal, take and carry away a rifle gun, the property of John Day, of the value of twenty dollars, “ winch said rifle gun the said *378Alfred Davidson took and carried away, in his presence and against his will, by putting him in fear of some great bodily harm,” &c. The words of the statute are, “ by putting him in fear of some immediate injury to his person.” It would be better to pursue the language of the statute ; but the purport of the expression used in the indictment is essentially…

2Cases cited1 opinion

  1. State v. JenkinsSupreme Court of Missouri · 1865

3Cited by8 opinions

  1. Williams v. KaiserSupreme Court of the United States · 1945
  2. State v. BrownSupreme Court of Missouri · 1891
  3. State v. KeelandSupreme Court of Missouri · 1886
  4. State v. LawlerSupreme Court of Missouri · 1895
  5. State v. SmithSupreme Court of Missouri · 1894

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