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62 Ky. 150

Commonwealth v. Brooks

Court of Appeals of Kentucky

Decided June 23, 1864

Court of Appeals of Kentucky · decided 1864-06-23

<p>APPEAL PROM THE WEBSTER CIRCUIT COURT.</p> <p>An indictment charging the defendant with having taken a mare, the property of R., “in his presence, and against his will, by putting him in fear of some immediate injury to his person,” contains facts sufficient to constitute robbery at common law.</p>

Decided 1864-06-23

CHIEF JUSTICE DUVALL

¶1delivered the opinion op the court:

¶2We are not informed, either from the record, or from any suggestions of counsel, of the objections to which this indictment is supposed to be liable.

¶3We think the indictment is sufficient. It charges the defendant with having feloniously taken a mare, the property of *151William Rayburn, “in his presence, and against his will, by putting him in fear of some immediate injury to his person.” The facts thus stated are all that are material or necessary to constitute the crime of robbery, as defined by the common Jaw.

¶4The judgment of the eourt below sustaining a demurrer to the indictment is therefore reversed, and .the cause remanded for further proceedings.

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