State v. . Sowls
Supreme Court of North Carolina
Robbery, tried at Fall Term, 1866, of the Superior Court of Columbus, before his Honor, Gilliam, J. Upon the trial it was shown that the defendant, with three others, armed with guns, went to the .house of one Stanly, in his absence, his father and his wife being there, and asked if Stanly did not have a pistol, a gun and a sword. Upon being answered that he had a sword, but no gun or pistol, they ordered it to be delivered, which was done.
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Robbery, tried at Fall Term, 1866, of the Superior Court of Columbus, before his Honor, Gilliam, J. Upon the trial it was shown that the defendant, with three others, armed with guns, went to the .house of one Stanly, in his absence, his father and his wife being there, and asked if Stanly did not have a pistol, a gun and a sword. Upon being answered that he had a sword, but no gun or pistol, they ordered it to be delivered, which was done. The father and the wife of Stanly were in fear of them. They then asked for brandy, and being told that there was a little, kept for sickness, said “we…
1Opinion of the CourtBattle, J.
The prisoner was indicted at common law for an alleged act of robbery from the person.
This offence is defined to be “ a felonious taking of money or goods of any value from the person of another, or in his presence, against his will, by violence, and putting him in fear.” 2 East. P. C., 707; Roscoe’s Cr. Ev., 890.
It must be done animo furandi, with a felonious intent to appropriate the goods taken to the offender’s own use. Roscoe’s Cr. Ev., 895. Although a person may wrongfully take the goods, yet unless he intended to assume the property in them, and to convert them to his own use, it will…
2Cited by8 opinions
- State v. SmithSupreme Court of North Carolina · 1966
- State v. LawrenceSupreme Court of North Carolina · 1964
- State v. SprattSupreme Court of North Carolina · 1965
- State v. . LunsfordSupreme Court of North Carolina · 1948
- State v. BrownSupreme Court of North Carolina · 1980
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