Thomas v. State
Supreme Court of Alabama
From tlie Criminal Court of Jefferson. Tried before the lion. Samuel E. Greene. The indictment in this case charged, that the defendant, Press Thomas, “feloniously took one gun, of the value of $15, the property of Robert Yarborough, from his person, or in his presence, and against his will, by violence to his person, or by putting him in such fear as to unwillingly part with the same.”
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From tlie Criminal Court of Jefferson. Tried before the lion. Samuel E. Greene. The indictment in this case charged, that the defendant, Press Thomas, “feloniously took one gun, of the value of $15, the property of Robert Yarborough, from his person, or in his presence, and against his will, by violence to his person, or by putting him in such fear as to unwillingly part with the same.” The bill of exceptions states that the defendant demurred to tlie indictment, and that the demurrer was overruled; but the judgment-entry only recites that the cause was tried on issue joined on the plea of…
1Opinion of the CourtMcCLELLAN, J.
The indictment in this case is substantially in the form prescribed by the Code for the offense of robbery, and is sufficient.—Code, p. 276, Form 76; Chappel v. State, 52 Ala. 359.
The evidence on the trial was without conflict, to the effect that the possession of the property, the subject-matter of the alleged robbery, was obtained from the prosecutor by artifice, and without violence, or putting in fear; and that after the possession had been thus peaceably obtained, it was retained, and the property carried away, by putting the prosecutor in such fear as prevented any effort on his part to…
2Cases cited6 opinions
- James v. StateSupreme Court of Alabama · 1875
- Shinn v. StateIndiana Supreme Court · 1878
- Clary v. StateSupreme Court of Arkansas · 1878
- Huber v. StateIndiana Supreme Court · 1877
- State v. . DealSupreme Court of North Carolina · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Cobern v. StateSupreme Court of Alabama · 1962
- Commonwealth v. NovickiMassachusetts Supreme Judicial Court · 1949
- Routt v. StateSupreme Court of Arkansas · 1896
- Brown v. StateSupreme Court of Alabama · 1898
- Harris v. StateAlabama Court of Appeals · 1968
48 more not listed; retrieve them via the Exa API.