Ohio State Reports Volume 43

Ohio State Reports Volume 43

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...release himself from the grasp of the witness. The shirt was torn by the jerk, but_ the stud was not detached. T. E. Wright and M. R. Snodgrass, for plaintiff in error. 1. The court had no power or jurisdiction to proceed upon the trial without an arraignment of the accused. Hanson v. The State. Rev. Stats., sec. 7257; Goodin v. The State, 16 Ohio St. 346; Doyle v. The State, 17 Ohio, 225; Williams v. The State, 12 Ohio St. 622. 2. The violence must not be subsequent to the attempt to take the property. Shinn v. The State, 64 Ind. 13; 2 Arch. Cr. Prac. 1290; 1 Hale P. O. 534; 2 East P. O. 726. 3. Under the indictment charging the plaintiflf with assault with intent to rob, the jury might properly find him guilty of assault and battery, should the evidence warrant it. Howard v. The State, 25 Ohio St. 401; Heller v. The State, 23 Ohio St. 582; 1 Arch. Cr. Prac. 1311; Stewart v. The State, 5 Ohio, 241; Breese v. The State, 12 Ohio St. 146; Wha1'. Gr. Law, secs. 1678, 1679, 1681, 1682. 4. To constitute the crime of "assault with intent to rob," where there is no " putting in fear," the element of violence must exist. If the evidence show that the offender intended to remove the shirt-stud by stealth, and by the use of that degree of force only that is generally needed to detach personal property from clothing, he can not be convicted of the crime of assault with intent to robBrennon v. The State, 25 Ind. 403; Rex v. Moore, 1 Leach, 335; Long v. The State, 12 Ga. 293; 3 Green. Ev., sec. 229; Roscoe Or. Ev. 901; McC'loskey v. People, 5 Park. Or. Gas. 299; State v. McCune, 5 R. I. 60; Commonwealth v. Ordway, 12 Cush. 270; Bonsall v. The State, 35 Ind. 460; 2 Whar. Cr. Law, sec. 1701. James Lawrence, attorney-general, for...show more

Product details

  • Paperback | 272 pages
  • 189 x 246 x 14mm | 490g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236922239
  • 9781236922236