Legal Opinion

Jones v. Commonwealth

Court of Appeals of Kentucky

Decided February 12, 1902PublishedCited by 18 opinions

Case 79 — Prosecution eor Robbery — APPEAL FROM HARRISON CIRCUIT COURT. Defendant Convicted and he Appeals. Appellant, Matt Jones was indicted for highway robbery and convicted and sent to the. penitentiary for two and one-half years.. There was no evidence in- this case to the effect that the victim was put in fear of bodily harm or other injury or that any force or violence was used by accused, at the time of the taking of the poeketbook from him.

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Case 79 — Prosecution eor Robbery — APPEAL FROM HARRISON CIRCUIT COURT. Defendant Convicted and he Appeals. Appellant, Matt Jones was indicted for highway robbery and convicted and sent to the. penitentiary for two and one-half years.. There was no evidence in- this case to the effect that the victim was put in fear of bodily harm or other injury or that any force or violence was used by accused, at the time of the taking of the poeketbook from him. In fact there was no contention of fear and the only question is whether there was any force used and if so was it such force as would convert it…

1Opinion of the Court

Opinion of ti-ie court by

CHIEF JUSTICE GUFFY —

Affirming.

The appellant was indicted, tried and convicted in the Harrison circuit court under an indictment for robbery. The •specifications in the indictment are as follows: “Did feloniously take a pocketbook and seven dollars in money, the personal property of Esau Eckler, from his presence, and against his will, by violence, and putting him in fear of some immediate injury to his person.” A jury trial resulted in a verdict and judgment sentencing the appellant to the penitentiary for 2years. The verdict reads as follows: “We, the jury, find the…

2Cases cited2 opinions

  1. Blanton v. CommonwealthCourt of Appeals of Kentucky · 1900
  2. Louisville & N. R. R. v. JordanCourt of Appeals of Kentucky · 1902

3Cited by18 opinions

  1. West v. StateCourt of Appeals of Maryland · 1988
  2. Commonwealth v. JonesMassachusetts Supreme Judicial Court · 1972
  3. Kenneth Williams v. Robert R. Kelly, WardenCourt of Appeals for the Fourth Circuit · 1987
  4. Armstrong v. CommonwealthCourt of Appeals of Kentucky · 1921
  5. Commonwealth v. BrownMassachusetts Appeals Court · 1974

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