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247 Ala. 514

25 So.2d 182

Root v. State

Supreme Court of Alabama

Decided March 7, 1946

Supreme Court of Alabama · decided 1946-03-07

Relies on People v. O'NEAL · Kennedy v. State · 143 Tex. Crim. 327 - Etzler v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1946-03-07

How this case has been cited

Cited by 20 later decisions — most recently April 1996

20 state decisions

130194619501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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STAKELY, Justice.

¶1 We concur in the reasoning and conclusion of the Court of Appeals, but think it well to add that in order to constitute robbery, it was essential “that the taking should, at the time of manucaption, have been with a larcenous intent.” Kennedy v. State, 208 Ala. 66, 93 So. 822. In other words if the defendants had taken the car merely for use in making their escape, but not with intent to steal it, that is, to appropriate it permanently, then there would have been, no robbery. But under the evidence, as found by the Court of Appeals, we think the question of intent was a question for the jury. Kennedy v. State, supra. See also Porter v. State, 30 Ala. App. 46, 1 So.2d 309; State v. Smith, Mo. Sup., 68 S.W.2d 696; People v. O’Neal et al., 2 Cal.App.2d 551, 38 P.2d 430; Etzler v. State, 143 Tex.Cr.R. 327, 158 S.W.2d 495; People v. Headlee, Cal.App., 108 P. 2d 933.

¶2 Writ denied.

GARDNER, C. J., and FOSTER and LAWSON, JJ., concur.
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