Lamore v. United States

MILLER, Associate Justice.

Only one question is presented on this appeal, namely, whether, upon an indictment charging robbery, appellant could properly be convicted of larceny. Counsel for appellant and for the government agree that no case in this jurisdiction has declared the law expressly upon the point; although, in several cases, the general proposition has been recognized that such a conviction is proper for a lesser constituent offense.1 Section 1035 of the Revised Statutes2 provides that: “In all criminal causes the defendant may be found guilty of any offense the commission of which…