23 Ind. 21 | Ind. | 1864
Prosecution for grand larceny. The indictment charges the defendant with having stolen two
Here the defendant was indicted and convicted for grand larceny; but the proof is that he committed a robbery; hence, it is argued, that the conviction was erroneous. Grand larceny is to “ feloniously steal, take, and carry away the personal goods of another, of the value of $5 or upward.” Robbery is thus defined: “Every person who shall, forcibly and feloniously take from the person of another any article of value by violence or putting in fear, shall be deemed guilty of robbery,” etc. 2 G. & H., sections 18, 19, page 442. Robbery has been adjudged to be “larceny, committed by violence, from the person of one put in fear.” The latter is said to be included in the former; and, as a general rule, “ a criminal person may be holden for any crime, of whatever nature, which can be carried out of his act.” 1 Eishop’s
Per Curiam.—Judgment affirmed, with costs, etc.