Evans v. Sacks

Petitioner, John H. Evans, is an inmate of the Ohio Penitentiary under sentence of the Common Pleas Court of Franklin County.

Section 2901.13, Bevised Code, establishes the crime of armed robbery and provides:

“No person, while armed with a pistol, knife, or other dangerous toeapon, by force or violence, or by putting in fear, shall steal from the person of another anything of value.” (Emphasis added.)

The pertinent portion of the indictment reads:

“* * * did unlawfully, and being armed and by force and violence rob Anthony Sabina of his pocketbook containing $48.00 and a $50.00 check and other…