Hall v. People

• Decision Date: 14 February 1898
• Citation: 171 Ill. 540,49 N.E. 495
• Parties: HALL v. PEOPLE.
• Court: Illinois Supreme Court

171 Ill. 540

49 N.E. 495

HALL

v.PEOPLE.

Supreme Court of Illinois.

Feb. 14, 1898.

Error to circuit court, Knox county; G. W. Thompson, Judge.

Albert Hall was convicted of robbery, and brings error. Reversed.

C. C. Craig, C. D. Hendryx, and Armor Moreland, for plaintiff in error.

Eugene W. welch, State's Atty., and E. C. Akin, Atty. Gen. (D. C. Hagle and C. A. Hill, of counsel), for the People.

CARTER, J.

Plaintiff in error, Hall, was convicted in the court below of the crime of robbery. Hubbell, the prosecuting witness, was the only witness to the alleged forcible taking of the pocketbook and money from his person. The evidence tended to show that on May 4, 1897, Hubbell went to Galesburg to attend a meeting of the Grand Army, and during the day patronized a number of saloons and became intoxicated. Hubbell did not know where he first met Hall, but the evidence tended to prove that it was after nightfall. Hubbell was in a saloon, and inquired of one Stewart if he knew any one there from Galva, and Stewart then called up Hall, who had just come in, because, as he said, he knew he was from Galva. Hubbell treated to beer. The parties left the saloon, and Hubbell and Hall, after walking the street for awhile, Hubbell being in a drunken condition and holding onto Hall, met a negro woman, and the three went into the yard of a school building. Hubbell testified that the last thing he remembered was that he was sitting on the ground against the building, and that Hall tore open his vest, which was buttoned, and took out his pocketbook, which was in his inside vest pocket, and which had some money in it,-he did not know how much,-and a railroad ticket; that he (Hubbell) made no resistance; that he did not say very much about it,-did norealize what Hall was doing at the time; that he did not remember whether a woman was with him in the school yard or not; that he did not remember the places he had visited, but remembered coming to Galesburg and visiting the saloons, and being with Hall in the evening. Creen, a deputy sheriff, testified that he saw Hubbell and Hall together between 9 and 9:30 o'clock in the evening on the street; that he saw them stop and talk and meet a negro woman and a negro man, and heard Hall ask Hubbell how much money he had; that he did not hear Hubbell's reply, but heard Hall say, ‘You're all right, old man; come along;’ that the negro man soon left them, and Hubbell, Hall, and the woman went to the school yard; that witness went to the jail, and, when he returned, Hubbell was sitting down, with his back to the building, and Hall and the woman were coming away; that they passed witness at the corner of the school house, and he soon after arrested them. Hubbell's pocketbook was found on Hall, and it contained $1.57 and a railroad ticket worth 29 cents. Hall did not claim that the pocketbook belonged to him, but that Hubbell had given it to him to keep while he was with the woman; but the jury evidently found from the evidence that he took it with the felonious intent of appropriating it to his own use, and the only question we think it necessary to consider is whether, even conceding that the evidence shows that the taking was felonious, it is sufficient to sustain the conviction for robbery.

Section 246 of the Criminal Code defines ‘robbery’ as follows: ‘Robbery is the felonious and violent taking of money, goods, or other valuable thing from the person of another by force or intimidation.’ The statue also provides that ‘private stealing from the person of another * * * shall be deemed larceny.’ Cr. Code, §...