Legal Opinion

State v. Campbell & Kopanski

New York Court of General Session of the Peace

Decided September 25, 1941No. Indictment for robbery, No. 9PublishedCited by 7 opinions

1Opinion of the Court

Speakman, J.,

delivering the opinion of the Court:

The defendants contend that the language of our statute must be strictly construed, and to warrant a conviction it was incumbent upon the State to prove a taking from the physical possession of the prosecuting witness, and this the State has failed to do.

It is of course true that a penal statute which creates a new offense or contains language of a doubtful meaning requires strict construction.

Robbery at common law has been defined as “the felonious and forcible taking from the person of another *345of goods or money of any value, by violence or…

2Cases cited7 opinions

  1. Commonwealth v. HomerMassachusetts Supreme Judicial Court · 1920
  2. Hill v. StateNebraska Supreme Court · 1894
  3. State v. CalhounSupreme Court of Iowa · 1887
  4. State v. DesoSupreme Court of Vermont · 1938
  5. People v. CabassaMichigan Supreme Court · 1930

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. People v. HayesCalifornia Supreme Court · 1990
  2. State v. ColvinCourt of Appeals of Maryland · 1988
  3. United States v. Thomas B. Dixon, United States of America v. Reginald T. SmithCourt of Appeals for the D.C. Circuit · 1972
  4. Capriglione v. State of DelawareSupreme Court of Delaware · 2021
  5. State v. ColvinCourt of Appeals of Maryland · 1988

2 more not listed; retrieve them via the Exa API.

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