Legal Opinion

Commonwealth v. White

Lackawanna County Court of Oyer and Terminer

Decided March 10, 1890No. 97PublishedCited by 8 opinions

No. 97 January Term 1890, Sup. Ct.; court below, No. 20 October Term 1889, O. & T. On October 2, 1889, the grand jury returned as a true bill an indictment charging Patrick White with robbery from the person of one James Carroll. Issue.

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No. 97 January Term 1890, Sup. Ct.; court below, No. 20 October Term 1889, O. & T. On October 2, 1889, the grand jury returned as a true bill an indictment charging Patrick White with robbery from the person of one James Carroll. Issue. At the trial on October 80, 1889, the following facts were shown: James Carroll, Patrick White, Patrick Caffrey and a number of young persons were standing, on June 11, 1889, about midday, at the corner of Railroad avenue and Luzerne street, in the city of Scranton, immediately across the street from the house of Carroll's parents. Caffrey asked Carroll for…

1Opinion of the Court

*188Opinion,

Mb. Chief Justice Paxson:

The defendant was indicted in the court below for the crime of highway robbery. The proof was, that he took a chew of tobacco from a boy, by force. The jury convicted him of robbery. The court below sentenced him to pay a fine of $100, and to undergo an imprisonment in the county jail for one year.

Complaint is made in the first three assignments that the learned judge below erred in his instructions to the jury as to what constituted the offence of robbery. He said: “ At common law, robbery is defined to be the taking of any property from the person of another…

2Cited by8 opinions

  1. United States v. Ray Nedley, Stanley Jochim, and Paul BaurhennCourt of Appeals for the Third Circuit · 1958
  2. State v. ReposaSupreme Court of Rhode Island · 1965
  3. Commonwealth v. EnglishSupreme Court of Pennsylvania · 1971
  4. Gibbs v. SweetSuperior Court of Pennsylvania · 1902
  5. In Re the Estate of ZollerSupreme Court of Delaware · 1961

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