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← 758 So. 2d 1246 - Fine v. State

758 So. 2d 1246 - Fine v. State’s Empirical Analysis

2000

Citation profile

3
cited by 3 later decisions
1
states following
September 2016
most recently cited

3 state decisions

Relationships

Relies on Trident Associates Ltd. Partnership v. Metropolitan Life Insurance Co. · 750 So. 2d 643 - State v. Thompson · 758 So. 2d 667 - Salters v. State · 692 So. 2d 883 - Robinson v. State · 733 So. 2d 955 - Miller v. State

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The line between robbery and larceny from the person (between violence and lack of violence) is not always easy to draw. The "snatching" cases, for instance, have given rise to some dispute. The great weight of authority, however, supports the view that there is not sufficient force to constitute robbery when the thief snatches property from the owner's grasp so suddenly that the owner cannot offer any resistance to the taking. On the other hand, when the owner, aware of an impending snatching, resists or when, the thief's first attempt being ineffective to separate the owner from his property, a struggle for the property is necessary before the thief can get possession thereof, there is enough force to make the taking robbery. Taking the owner's property by stealthily picking his pocket is not taking by force and so is not robbery; but if the pickpocket or his confederate jostles the owner, or if the owner, catching the pickpocket in the act, struggles unsuccessfully to keep possession, the pickpocket's crime becomes robbery. To remove an article of value, attached to the owner's person or clothing, by a sudden snatching or by stealth is not robbery unless the article in question (e.g., an earring, pin or watch) is so attached to the person or his clothes as to require some force to effect its removal.”
    1 later decision quote this exact passage
  2. “(1) "Robbery" means the taking of money or other property which may be the subject of larceny from the person or custody of another ... when in the course of the taking there is the use of force, violence, assault, or putting in fear.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.