United States v. Larkin
26 F. Cas. 866
U.S. Circuit Court for the Dis...1835Check Treatment(item..con.) overruled the motion, being of opinion that the assault and battery were included in and made a part of the offence of robbery, as much as the stealing, taking, and carrying away of the money, watch, &c., which are also charged; and therefore, although the words, “ with intent to kill,” are added, they are merely stated as words' of aggravation, and may be rejected as surplusage; so that the count does not charge more than a single offence. See Young v. Rex, in Error, 3 T. R. 98, 103, 106, 107; 1 Chitty, Cr. L. 231, (b,) 248, 249; and The King v. Fuller, 1 Bos. & Pul. 180.
The prisoner was sentenced to the penitentiary for six years.