Brown v. State
Lucas Circuit Court
Error to the common pleas court of Lucas county. Robbery is simply an aggravated form of larceny, that is, larceny with an added element of taking from the person by force or violence or putting in fear. 1 McClain, Cr. Law Sec. 471; 2 Bishop, Cr. Proced.
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Error to the common pleas court of Lucas county. Robbery is simply an aggravated form of larceny, that is, larceny with an added element of taking from the person by force or violence or putting in fear. 1 McClain, Cr. Law Sec. 471; 2 Bishop, Cr. Proced. Sec. 1002; Bishop, Directions & Forms Sec. 932. In the absence of active opposition or by being put in fear, it will be robbery, if the article stolen is so attached to the person or clothes as to create resistance, however slight, in the detaching the article from the ' person or clothes of the person robbed. 2 Bishop, New Cr. Law Sec. 1167;…
1Opinion of the CourtHull, J.
The plaintiff in error was indicted by the grand jury of this county for the crime of robbery, and was put on trial. At the conclusion of the state’s testimony his counsel made a motion that the jury be instructed to return a verdict of not guilty, for the reason that the state’s evidence had failed to establish the crime of robbery, in that violence, or force or putting in fear, had not been established by the evidence. The court held, upon this motion, that the state had failed in this respect to establish the crime of robbery, but that there was included within the offense of robbery the…
2Cases cited8 opinions
- People v. M'GowanNew York Supreme Court · 1837
- People v. JonesCalifornia Supreme Court · 1878
- Stevens v. StateNebraska Supreme Court · 1886
- State v. ArnoldNebraska Supreme Court · 1891
- State v. GraffSupreme Court of Iowa · 1885
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3Cited by1 opinion
- State v. EllingVan Wert County Court of Common Pleas · 1983