Routt v. State
Supreme Court of Arkansas
Appeal from Lee Circuit Court. H. N. Hutton, Judge. STATEMENT BY THE COURT. The appellant, P. M. Routt, and one Jim Morgan, whom the evidence shows to have been gamblers and confidence men, obtained from C. F. Holt one hundred dollars in the following manner : They were passengers upon a train of the Cotton Belt- railroad.
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Appeal from Lee Circuit Court. H. N. Hutton, Judge. STATEMENT BY THE COURT. The appellant, P. M. Routt, and one Jim Morgan, whom the evidence shows to have been gamblers and confidence men, obtained from C. F. Holt one hundred dollars in the following manner : They were passengers upon a train of the Cotton Belt- railroad. Routt began a conversation with Holt, and exhibited some cards, saying that the boys had been using them for trick cards, and had won the cigars and drinks from him. He then, to use the language of a witness, “explained to Holt how the trick was worked.” About' this time…
1Opinion of the Court
Riddick, J.,
(after stating the facts). The judgment of the circuit court must be reversed, for the facts in proof do not make out a case of robbery. Robbery, as defined by the text books and the previous decisions of this court, is a felonious and forcible taking of the property of another from his person or in his presence, against his will, by violence, or putting him in fear. And this violence must precede or accompany the taking of the property, Clary v. State, 33 Ark. 561; 1 Wharton’s Crim. Law, sec. 846.
The taking must be done through force or fear. “If force is relied on in proof of…
2Cases cited3 opinions
- Thomas v. StateSupreme Court of Alabama · 1890
- Shinn v. StateIndiana Supreme Court · 1878
- Clary v. StateSupreme Court of Arkansas · 1878
3Cited by36 opinions
- Caton v. StateSupreme Court of Arkansas · 1972
- Vance v. StateSupreme Court of Arkansas · 1902
- Williams v. StateSupreme Court of Arkansas · 1931
- People v. ChurchCalifornia Supreme Court · 1897
- State v. AdamsSupreme Court of Missouri · 1966
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