125 Ga. 748 | Ga. | 1906
The defendant was indicted for robbery, and the indictment was framed under the act of 1903, amending the Penal Code, §151; the charge was laid substantially in the language of the amendment. A demurrer was interposed on the grounds, that the indictment failed to allege that the robbery was committed by force or intimidation, and because the act of 1903 created a new statutory offense, and that no penalty was prescribed for the violation of the act. The demurrer was overruled, and the points thereby made are now under review.
Penal Code, §151, defines robbery: “Robbery is the wrongful, fraudulent, and violent talcing of money, goods, or chattels from the person of another by force or intimidation, without the consent of the owner.” The punishment is provided in §§152, 153: “Robbery by open force or violence shall be punished by imprisonment and labor in the penitentiary for not less than four years nor longer than twenty years.” “Robbery by intimidation, or without using force and violence, shall be punished by imprisonment and labor in the penitentiary for not less than two years nor longer than
Judgment affirmed.