Pippin v. State
Citation | 136 So. 883,102 Fla. 1124 |
Parties | PIPPIN et al. v. STATE. |
Decision Date | 07 October 1931 |
Court | United States State Supreme Court of Florida |
En Banc.
Error to Circuit Court, Jackson County; Amos Lewis, Judge.
Ed Pippin and another were convicted of robbery, and they bring error.
Judgment reversed.
Syllabus by the Court.
The statute does not change the nature of the crime defined as robbery at common law, and does not in substance change the requirement of the common law as to the essentials of an indictment for robbery.
An indictment for robbery should state the name of the owner of the property taken, or that the owner is unknown.
The approved forms for an indictment for robbery at common law set forth the ownership of the property as well as the name of the person from whom it is taken.
In an indictment for robbery, it should be made to appear that the article taken belongs to some person other than the accused or that the party deprived of the possession through violence was entitled to the possession, as against the defendant. If the property taken belonged to the defendants, or they were entitled to the possession of it, the crime would not be robbery.
John H. Carter, of Marianna, for plaintiffs in error.
Cary D Landis, Atty. Gen., and Roy Campbell, Asst. Atty. Gen., for the State.
The indictment herein is as follows:
Upon conviction, the defendants took writ of error and urge the legal insufficiency of the indictment and of the evidence to support the verdict and judgment.
'Robbery, at common law, is the felonious taking, without bona fide claim of right, of a thing of value from the person or presence of another, against his will, by force or by putting him in fear.' 24 Am. & Eng. Enc. Law (2d Ed.) p. 991. 'Robbery, at common law, is the taking, with intent to steal, of personal property in possession of another, from his person or in his presence, by violence or by putting him in fear.' 34 Cyc. p. 1796.
'Robbery at common law is defined as the felonious taking of money or goods of value from the person of another or in his presence, against his will, by violence or putting him in fear.' 23 R. C. L. p. 1139.
The statute provides that:
'Whoever assaults another and feloniously robs, steals and takes from his person or custody, money or other property which may be the subject of larceny, such robber being armed with a dangerous weapon, with the intent if resisted to kill or maim the person robbed, or, being so armed, wound or strike the person robbed, shall be punished by imprisonment for a term of years or for life imprisonment in the discretion of the court for and during a term of his natural life.' Section 7157, C. G. L. 1927.
The statute does not change the nature of the crime defined as robbery at common law, and does not in substance change the requirement of the common law as to the essentials of an indictment for robbery. The indictment...
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Johnson v. State, 44919
...ownership are insufficient in that the information does not disclose the name of the owner of the property. The case of Pippin et al. v. State, 102 Fla. 1124, 136 So. 883, contains the following discussion of the question (page 884): 'An indictment for robbery should state the name of the o......
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Blanco v. State
... ... the information is fatally defective because of this ... allegation of ownership of the stolen property. Counsel cite ... many decisions of this Court to sustain their position, ... beginning with Stephens v. State, 92 Fla. 43, 109 ... So. 303. Also Pippin v. State, 102 Fla. 1124, 136 ... So. 883. It was held therein that the indictment should ... allege the ownership of the property, as well as the name of ... the person from whom it was taken. If the property alleged to ... have been taken was the property of the appellant, a crime ... would ... ...
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Hamilton v. State
... ... See as ... persuasive, Baldwin v. State, 46 Fla. 115, 35 So ... It is ... next contended by the plaintiff in error that the allegations ... of ownership are insufficient in that the information does ... not disclose the name of the owner of the property. The case ... of Pippin et al. v. State, 102 Fla. 1124, 136 So ... 883, contains the following discussion of the question (page ... 884): 'An indictment for robbery should state the name of ... the owner of the property taken, or that the owner is ... unknown. The approved forms at common law set forth the ... ...
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Amos v. Chapman
...146 So. 98 108 Fla. 360 AMOS v. CHAPMAN, Superintendent of State Prison. Florida Supreme CourtFebruary 21, 1933 ... Original ... proceedings by Jim Amos for writ of habeas corpus to be ... directed to ... The ... charge is in language fully equivalent to the language of the ... We held ... in the case of Pippin v. State, 102 Fla. 1124, 136 ... So. 883, that indictments attempting to charge the offense ... denounced by this section should allege the ... ...