McGinnis v. State
Wyoming Supreme Court
Error to the District Court, Converse County, Hon. Roderick N. Matson, Judge. The information was fatally defective in a matter of substance, in failing to allege the ownership of the property said to have been taken by force and violence. The statute is virtually a re-enactment of the common law.
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Error to the District Court, Converse County, Hon. Roderick N. Matson, Judge. The information was fatally defective in a matter of substance, in failing to allege the ownership of the property said to have been taken by force and violence. The statute is virtually a re-enactment of the common law. A man is not guilty of taking his own property from another even by violence; so there must be all the elements of larceny present to coiistitute robbery, and the ownership of the property taken must be alleged. (Rex v. Hull, 3 Car. & P., 409; Beale’s Case, 281; Barnes v. State, 9 Tex. App., 128;…
1Opinion of the Court
Beard, Justice.
- An information was filed by the county and prosecuting attorney of Converse County against the plaintiff in error, William McGinnis, for the crime of robbery. The charge contained in the information being as follows: “That William McGinnis, late' of the county aforesaid, on the 12th day of December, A. D. 1905, at and in the county aforesaid, the said William McGinniss did then and there unlawfully, forcibly and feloniously take from the person of Norvil Lawrence by violence the sum of fifty dollars, and, more, lawful money of the United States and of the value of fifty…
2Cases cited19 opinions
- People v. AmmermanCalifornia Supreme Court · 1897
- United States v. HarmonDistrict Court, D. Kansas · 1891
- People v. ViceCalifornia Supreme Court · 1863
- State v. WassonSupreme Court of Iowa · 1905
- People v. JonesCalifornia Supreme Court · 1878
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3Cited by14 opinions
- Cloman v. StateWyoming Supreme Court · 1978
- State v. MasonSupreme Court of North Carolina · 1971
- Gonzales v. StateWyoming Supreme Court · 1976
- Nicholson v. StateWyoming Supreme Court · 1910
- State v. CallawayWyoming Supreme Court · 1954
9 more not listed; retrieve them via the Exa API.