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4 D.C. 618

United States v. Simms

Decided November 15, 1835

Indictment for highway robbery of one Latimer, by snatching his watch from his side pocket, it being fastened to his neck by a ribbon, which was broken by the first snatch, the owner not having been put in fear. cited Russ. & Ry. Cr. Ca. 419; 3 Chitty, 805. cited Rex v. Gos-nil, 1 Carrington & Payne,’ 304; S. C. 11 Serg. & Louder, 400.

Decided 1835-11-15

The Court

¶1(nem. con.) was of opinion, that, in this case, the force was not sufficient to constitute the offence of robbery; and intimated that the law was correctly stated by Garrow, B., in Gosnil's case, 1 Car. & P. 304.

¶2The jury found the prisoner guilty of simple larceny, and that he was a slave; whereupon, the Court, not having jurisdiction of simple larceny by a slave, ordered him to be taken before a justice of the peace, to be dealt with according to law.

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