People v. Tribble

Opinion

WRIGHT, C. J.(1) The principal issue considered in this opinion is when the specific intent to rob must be formed in relation to the seizing of the victim in order to constitute a violation of Penal Code section 209 (kidnaping for the purpose of robbery) in those offenses which took place after the 1951 amendment to said code section. We have concluded that the intention to commit robbery must be present at the time of the original asportation.

A jury found defendant guilty of robbery in the first degree (Pen. Code, §§211, 211a), kidnaping to commit robbery with bodily harm (Pen. Code,…