Legal Opinion

State v. . Burke

Supreme Court of North Carolina

Decided June 5, 1875PublishedCited by 30 opinions

INDICTMENT for highway robbery, tried before Sohenelc, J., at Spring Term, 1875, Ruthskeoed Superior Court. Only two witnesses were in trod need, and both of these testified on behalf of the State. W. A. Owens, the prosecutor, testified that he and his brother had been to Spartanburg, in the State of South Carolina, to market. That he went in a wagon, his brother, P. W. Owens, accompanying him. lie was fifteen years of age, and his brother three or four years older.

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INDICTMENT for highway robbery, tried before Sohenelc, J., at Spring Term, 1875, Ruthskeoed Superior Court. Only two witnesses were in trod need, and both of these testified on behalf of the State. W. A. Owens, the prosecutor, testified that he and his brother had been to Spartanburg, in the State of South Carolina, to market. That he went in a wagon, his brother, P. W. Owens, accompanying him. lie was fifteen years of age, and his brother three or four years older. On the 25th day of November, 1874, he and his brother were returning along the public highway leading from Spartanburg to…

1Opinion of the Court

ByNüM, J.

Robbery at the common law, is “ the felonious taking’ of money or goods of any value from the person of another or in his presence against his will, by violence or putting him in fear.” 2 East Pl. 707. From this definition of the books it is clear that the instructions asked for by the prisoner, as to what constitutes the crime of robbery, were properly refused, and that the instructions given by his Honor, were substantially correct, except where he erred in favor of the prisoner.

Unlike larceny, the gist of the offence in robbery is not in the taking, but in the force or terror…

2Cases cited1 opinion

  1. Spilman v. Thomasson's LesseeTennessee Supreme Court · 1850

3Cited by30 opinions

  1. State v. . SawyerSupreme Court of North Carolina · 1944
  2. State v. RogersSupreme Court of North Carolina · 1968
  3. State v. LawrenceSupreme Court of North Carolina · 1964
  4. State v. . BellSupreme Court of North Carolina · 1948
  5. State v. GuffeySupreme Court of North Carolina · 1965

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