54 Ga. App. 747 | Ga. Ct. App. | 1936
The second question certified to the Supreme Court in Rutherford v. State, 183 Ga. 301 (187 S. E. 442), was answered as follows: “The decision in Sledge v. State, supra, is authority, however, for the proposition that ‘an intent to steal is a substantive element in the commission of the offense of robbery,’ and that an instruction in the language of the Code is not a sufficient definition of the offense, for the guidance of the jury. This point was directly involved in the Sledge case, and to that extent the decision is binding. Since the ruling was concurred in by all
We think this case comes within the rule stated thus in Harris v. State, 1 Ga. App. 136 (2) (57 S. E. 937) : “Where the evidence showed that a certain named person was robbed of his money
Judgment affirmed.