67 So. 26 | La. | 1914
Rehearing
On Application for Rehearing.
Defendants urge that the absence of the words, “from the person,”
The indictment sufficiently charges that the robbery was committed in the presence of the person robbed in setting forth that defendants unlawfully, feloniously, and violently did make an assault upon the person of one Charles Zenor, and then and there by putting him in fear, did unlawfully, etc., rob him of $13, the property of said Zenor.
Rehearing refused.
Lead Opinion
Defendants were charged with assaulting one Charles Zenor, and by putting the said Zenor in fear, did unlawfully, willfully, feloniously, forcibly, and violently rob, take, steal, and carry away $13, the property of said Zenor.
Defendants moved to arrest the judgment on the ground that the indictment is fatally defective on its face, in that it does not contain the allegation “against the will” of the person said to have been robbed; and, further, because the indictment does not contain the allegation that the money was robbed “from the person” of the said Charles Zenor.
It was unnecessary to charge that the robbery was committed “against the will” of Charles Zenor; for the reason that the indictment charges that the defendants put said Zenor “in fear,” and unlawfully, feloniously, willfully, forcibly, and violently robbed him of $13.
After thus charging defendants, it would have been tautological to have added the phrase “against his will.” The words “against the will” are not more expressive than are the words “unlawfully, willfully, feloniously, forcibly, and violently.” The latter words imply that the money was taken against the will of the person robbed. State v. Patterson, 42 La. Ann. 934, 8 South. 529.
Judgment affirmed.