12 Mo. App. 374 | Mo. Ct. App. | 1882
delivered the opinion of the court.
Defendant was indicted for stealing $450. The testimony showed that he attempted to snatch from the hands
Counsel for appellant contends that there was no evidence to warrant this instruction, because, he says, the evidence shows an attempt to commit robbery, and does not show an attempt to commit larcency. If this were so we think there is nothing in it; because robbery and larceny are, in their nature, felonious offences óf the same general kind. Robbery is larceny with something added. One indicted of robbery might, if the evidence justified it, have been acquitted of the robbery and convicted of the larceny, on this ground. Rex v. Gnosil, 11 Eng. C. L. 400. The charge of robbery involves the charge of larceny; and if an act is done with an intent to commit robbery, it must be done with an intent to commit the larceny involved in the robbery. So, an indictment for burglary by feloniously breaking and entering into the dwelling-house of the prosecutor with intent to steal his goods, is supported by proof that the intent of the prisoner was to rob the prosecutor. The State v. Cody, 1 Wins. 197; 1 Bishop’s Cr. Proc., sect. 488 e.
We are of opinion, moreover, that there was evidence from which the jury might fairly find an attempt to steal as distinguished from an attempt to rob. To constitute robbery the party must be put in fear or there must be violence. It may be difficult to determine what degree of
No other point is urged here as a reason for reversing the judgment. Nor, on inspection of the record, do we-see any error to the prejudice of appellant for which we ought to interfere.