There was a verdict of guilty, and from the judgment thereupon the defendant appealed.
The only question discussed in this Court by the defendant's counsel is whether there was sufficient evidence of a felonious intent. The argument is based upon S. v. Deal,
The defendant and another enticed a boy of twelve years of age into the woods near the highway, knocked him down with a club and took his money. After a dispute over the spoils the defendant proposed to kill the prosecutor and put him on the railroad track, for the purpose *Page 609 of concealing the crime. If these facts do not constitute robbery we are at a loss to understand how such an offense can ever be proved.
Affirmed.
Cited: S. v. Nicholson,