Allen v. State
Supreme Court of Alabama
Appeal from the City Court of Mobile. Heard béfore the Hon. O. J. Semmes. The indictment in this case charged Tude Allen with robbery. The counts of the indictment differed only as to the amount and denomination of tbe money charged to have been taken from the person of the persecutor; the value laid in each count exceeding twenty-five dollars.
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Appeal from the City Court of Mobile. Heard béfore the Hon. O. J. Semmes. The indictment in this case charged Tude Allen with robbery. The counts of the indictment differed only as to the amount and denomination of tbe money charged to have been taken from the person of the persecutor; the value laid in each count exceeding twenty-five dollars. On the trial, the larceny of the property, to an amount exceeding twenty-five dollars, was proved, “but the evidence failed to show that any force was used.” The court instructed the jury, in substance, that they might convict the defendant of grand…
1Opinion of the CourtManning, J.
The question raised in this case is, whether or not a defendant, indicted for robbery, may be found guilty of grand larceny.
In 1 Bussell on Crimes, 905, it is said: “ In robbery from the person, as in other complicated or aggravated larcenies, the prisoner may b® acquitted of the circumstances of aggravation, namely, the fear, or violence, and found guilty of the simple larceny.” Turner’s case (in 1 Leach. 536) is referred to as authority on this point.
Bobbery itself is defined as “a felonious taking of money or goods, of any value, from the person of another, or in his presence, against his…
2Cited by6 opinions
- Hagans v. StateCourt of Appeals of Maryland · 1989
- Morris v. StateSupreme Court of Alabama · 1892
- Higgs v. StateSupreme Court of Alabama · 1896
- Rambo v. StateSupreme Court of Alabama · 1901
- Lynch v. StateSupreme Court of Alabama · 1889
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