Moran v. State
Supreme Court of Georgia
Indictment for robbery. Before Judge Mitchell. Lowndes superior court. January 5, 1906. The indictment contained two counts, one charging Frank Moran with wrongfully, fraudulently, and violently taking by force a described pocket-book, and the other charging him with suddenly snatching and taking away the pocket-book.
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Indictment for robbery. Before Judge Mitchell. Lowndes superior court. January 5, 1906. The indictment contained two counts, one charging Frank Moran with wrongfully, fraudulently, and violently taking by force a described pocket-book, and the other charging him with suddenly snatching and taking away the pocket-book. It appeared, from the evidence, that two men, one of whom was the accused, approached one John King, on the platform .of a train, and, under pretense of assisting him across from one car to another, caught hold of each arm, forced his hand out of his pocket where he carried his…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) It is contended that the evidence is not sufficient to sustain a verdict for robbery in any form, and at most shows the accused guilty of larceny from the person. In our opinion, the verdict is amply sustained, under that count in the indictment which charged robbery by force. The element of force, which was necessary to constitute a robbery, was present. The hand of the owner of the pocket-book was pulled out of his pocket, where the pocket-book was kept. See Smith v. State, 117 Ga. 320, and cit. It avails the accused nothing if the person robbed makes no…
2Cases cited3 opinions
- Long v. StateSupreme Court of Georgia · 1852
- Smith v. StateSupreme Court of Georgia · 1903
- Spencer v. StateSupreme Court of Georgia · 1899
3Cited by13 opinions
- Henderson v. StateSupreme Court of Georgia · 1952
- Shehany v. LowrySupreme Court of Georgia · 1930
- Nelson v. StateSupreme Court of Georgia · 1948
- Thomas v. StateCourt of Appeals of Georgia · 1936
- Bowen v. StateCourt of Appeals of Georgia · 1915
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