Whitson v. State

UDALL, Justice.

The defendant, in an information containing two counts, was charged with robbery and grand theft. The jury returned a verdict of guilty upon both counts and defendant has appealed from the final judgment of conviction and the court’s denial of his motion for a new trial. Defendant’s wife, Margaret Sugg Whitson, signed the criminal complaint and was the only witness against her husband to- testify at the trial.

At the outset it is clear that a husband, having the requisite felonious intent, may be guilty of robbery and grand theft of the separate property of his wife. This is…