Jones v. Commonwealth
Court of Appeals of Kentucky
Case 71 — Indictment against Frank Jones nob Bobbery. APPEAR FROM PAYETTE CIRCUIT COURT. Defendant Convicted and Appears. ■Our contention is, that in a prosecution for robbery, it must be shown that tbe violence or force used must either ¡precede or accompany the taking. Where money is taken by stealth and after it is ¡sew taken the owner discovers it and undertakes tc* recover it by force, ■which is forcibly resisted by the guilty party, it is ¡not robbery but larceny.
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Case 71 — Indictment against Frank Jones nob Bobbery. APPEAR FROM PAYETTE CIRCUIT COURT. Defendant Convicted and Appears. ■Our contention is, that in a prosecution for robbery, it must be shown that tbe violence or force used must either ¡precede or accompany the taking. Where money is taken by stealth and after it is ¡sew taken the owner discovers it and undertakes tc* recover it by force, ■which is forcibly resisted by the guilty party, it is ¡not robbery but larceny. AUTHORITIES CITED. Com. v. Prewitt, 6 R., 195; Hanson v. State, 43 'Ohio St., 377; Thomas v. State, 91 Ala., 34; Shinn v.…
1Opinion of the Court
Opinion of the court bi
JUDGE PAYNTER
Reversing.
The indictment charges that the appellant “did unlawfully, willfully, feloniously, and with force and violence, and by putting in fear one A. B. Tilton, take from his person and presence ten dollars in United States currency, hank notes, gold, and silver, coin, commonly known as money, the personal property of A. B. Tilton, with the felonious intent to permanently deprive the owner thereof, and to permanently convert the same to his own use.” On the trial of the case A. B. Tilton, referred to in the indictment, testified that he was in the betting…
2Cases cited1 opinion
- Commonwealth v. PrewittCourt of Appeals of Kentucky · 1884
3Cited by8 opinions
- Commonwealth v. DavisMassachusetts Appeals Court · 1979
- State v. SanchezNew Mexico Court of Appeals · 1967
- State v. SalaNevada Supreme Court · 1946
- Montgomery v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1961
- Royal v. StateDistrict Court of Appeal of Florida · 1984
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