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Robbery

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

The felonious and forcible taking from the person of another, goods or money to any value, by violence or putting him in fear.

4 Bla. Com. 243; U. S. v. Wilson, Baldw. 102, Fed. Cas. No. 16,730. See Brown v. State, 33 Neb. 854, 50 N. VV. 154.

In this offence the kind and value of the property taken is not material, but It must be of some value, however slight, to the person robbed; Wesley v. State, 61 Ala. 287; State v. Burke, 73 N. C. 83; State v. Howerton; 58 Mo. 581. Robbery, by the common law, is larceny from the person, accompanied by violence or by putting in fear; and an indictment therefor must allege that the taking was from the person, and that it was by violence, or by putting in fear, in addition to the averments that are necessary in indictments for other larcenies; 1 Leach 195; Com. v. Humphries, 7 Mass. 242. By “taking from the person” is meant not only the immediate taking from his person, but also in his presence when it is done with violence and against his consent; 1 Hale, PI.

Cr. 533; Kit v. State, 11 Humphr. (Tenn.) 167; W T hart. C. L. 847.

The taking must be by violence or putting the owner in fear; but both these circumstances need not concur; for if a man should be knocked down, and then robbed while he is insensible, the offence is still a robbery; Com. v. Snelling, 4 Binn. (Pa.) 379. And if the party be put in fear by threats and then robbed, it is not necessary there should be any greater violence; Com. v. Martin, 17 Mass. 359. The violence or putting in fear must be at the time of the act or immediately preceding; 1 C. & P. 304. A person taking property fr^m another undebt from the latter to himself, Is not guilty of robbery, for in such case the animus fur andi is lacking; Crawford v. State, 90 Qa. 701, 17 S. E. 628, 35 Am. St. Rep. 242. One who is present and aids and abets a robbery is punishable as a principal, though he receives none of the money, and the amount taken is immaterial; State v. Brown, 104 Mo. 365, 16 S. W. 406.