Brennan v. State

The plaintiff in error, Henry Brennan, was tried and convicted on an indictment charging him with larceny. The proof tends to show that he was also guilty of robbery or picking pockets. It is claimed that a conviction can not be-had for larceny when the proof also tends to show that robbery was committed. 2 Bishop’s New Criminal Law, sec. Il5t>, defines robbery as follows:

“Robbery is larceny committed by violence from the person of one put in fear.”

And at section 1159, says:

“The indiement for robbery charges larceny together with the aggravating matter which makes it in the particular…