Legal Opinion

State v. Broderick

Supreme Court of Missouri

Decided March 15, 1875PublishedCited by 22 opinions

Appeal from, St. Louis Criminal Court. I. The snatching of tlie chain with merely force enough to break it from the watch, and straighten the hook in the button hole, is not the violence intended by the statute. (1 Russ. Grim., pp. 67, 72, 871, note e.; Rose. Crim. Ev., [Ed. 1836] pp. 734, 740, 898; 2 Fost., 708 ; 2 East P. 0., 702; State vs. Johns, 5 Jones, N. O., 164; People vs. Hall, 6 Park. Or. Rep., 651; MeOlosky vs. People, 5 Park. Or. Rep., 307.) II.

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Appeal from, St. Louis Criminal Court. I. The snatching of tlie chain with merely force enough to break it from the watch, and straighten the hook in the button hole, is not the violence intended by the statute. (1 Russ. Grim., pp. 67, 72, 871, note e.; Rose. Crim. Ev., [Ed. 1836] pp. 734, 740, 898; 2 Fost., 708 ; 2 East P. 0., 702; State vs. Johns, 5 Jones, N. O., 164; People vs. Hall, 6 Park. Or. Rep., 651; MeOlosky vs. People, 5 Park. Or. Rep., 307.) II. The violence, to constitute robbery, should occur before the taking, and induce the surrender. (Wagn. Stat., p. 456, § 20; Wliart. Am.…

1Opinion of the CourtWagner, Judge

The accused was indicted and convicted of robbery in the first degree, and the facts show that at about two-o’clock in the night time, the prosecutor was walking along one of the streets in the city of St. Louis, and that he had exposed on his person a watch chain, one end of which was fastened by a hook to the button hole of his vest, and the other to a watch *319in his vest pocket; that defendant and another person came out of an alley and walked across the pavement in front of the prosecutor, and that defendant suddenly turned around and, without saying anything, seized prosecutor’s watch…

2Cases cited1 opinion

  1. Commonwealth v. SnellingSupreme Court of Pennsylvania · 1812

3Cited by22 opinions

  1. United States v. Dennis RodriguezCourt of Appeals for the Seventh Circuit · 1991
  2. People v. CampbellIllinois Supreme Court · 1908
  3. State v. HawkinsSupreme Court of Missouri · 1967
  4. State v. AdamsSupreme Court of Missouri · 1966
  5. State v. BrownSupreme Court of Missouri · 1891

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