State v. Woodward
Supreme Court of Missouri
Appeal from Jackson Criminal Court, — Hon. John W. Wofford, Judge. The instruction is not a correct definition of robbery. It omits the element of felonious intent. To constitute robbery the taking must be with intent to steal. This is elementary law. And the use of the woi’ds “with a felonious intent to deprive the owner of his ownership therein” coupled with a proper definition of the word, “felonious”-is the proper method of charging the felonious intent.
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Appeal from Jackson Criminal Court, — Hon. John W. Wofford, Judge. The instruction is not a correct definition of robbery. It omits the element of felonious intent. To constitute robbery the taking must be with intent to steal. This is elementary law. And the use of the woi’ds “with a felonious intent to deprive the owner of his ownership therein” coupled with a proper definition of the word, “felonious”-is the proper method of charging the felonious intent. State v. O’Connor, 105 Mo. 121. See approved form State v. Brown, 104 Mo. 371. To use the words “did steal, take, and carry away” is…
1Opinion of the CourtGantt, P. J.
The defendant was indicted at the January term, 1895, of the Jackson county criminal court jointly with one Mary Dwyer for robbery in the first degree. He was tried separately and convicted and sentenced to five years in the penitentiary. The evidence was amply sufficient to establish his guilt but he complains of an erroneous instruction asked by the prosecuting attorney and given by the court in these words:
“The court instructs the jury, that if you find and believe from the evidence that at Jackson county, Missouri, at any time within three years prior to the filing of the indictment in…
2Cases cited5 opinions
- State v. CantlinSupreme Court of Missouri · 1893
- State v. BrownSupreme Court of Missouri · 1891
- State v. MooreSupreme Court of Missouri · 1890
- State v. O'ConnorSupreme Court of Missouri · 1891
- State v. CampbellSupreme Court of Missouri · 1891
3Cited by6 opinions
- Williams v. KaiserSupreme Court of the United States · 1945
- State v. RaderSupreme Court of Missouri · 1914
- State v. CummingsSupreme Court of Missouri · 1907
- State v. RowlandSupreme Court of Missouri · 1903
- State v. SmithSupreme Court of Missouri · 1903
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