People v. Merchant

Felix Frankfurter wrote: “In law, as in life, lines have to be drawn.” Pearce v. Commissioner of Internal Revenue, 315 U.S. 543, 558, 86 L. Ed. 1016, 1025, 62 S. Ct. 754, 761 (1942) (Frankfurter, J., dissenting, joined by Stone, C.J.). In this case, we are called on to draw the line between theft from a person and robbery of that person. The answer depends on our evaluation of the moment and purpose when force was used to take something from the victim.

Following a bench trial, the defendant, Henry Merchant, was convicted of robbery and sentenced to six years in prison.

Defendant contends he…