State v. Brown, No. 21093

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtGREGORY; LEWIS
Citation260 S.E.2d 719,274 S.C. 48
PartiesThe STATE, Respondent, v. Isaac BROWN, Jr., Appellant.
Docket NumberNo. 21093
Decision Date27 November 1979

Page 719

260 S.E.2d 719
274 S.C. 48
The STATE, Respondent,
v.
Isaac BROWN, Jr., Appellant.
No. 21093.
Supreme Court of South Carolina.
Nov. 27, 1979.

Veronica G. Small, Asst. Public Defender, Charleston, for appellant.

Atty. Gen. Daniel R. McLeod and Asst. Atty. Gen. Sally G. Young, Columbia, and Sol. Capers G. Barr, III, Charleston, for respondent.

[274 S.C. 49] GREGORY, Justice:

Appellant Isaac Brown, Jr., was found guilty of robbery and appeals. Error is assigned to the trial judge's jury instructions in two particulars. We affirm.

Page 720

Appellant's first contention is that the charge on the offense of robbery improperly over-emphasized the element of lack of the victim's consent to the taking. He argues that such emphasis effectively eliminated the jury's need to find the element of felonious intent, and in the context of this case, amounted to an indirect and impermissible comment on the facts. We disagree.

The common-law offense of robbery is essentially the commission of larceny with force. Young v. State, 259 S.C. 383, 192 S.E.2d 212 (1972); 50 Am.Jur.2d Larceny, § 8. Larceny involves the felonious taking and carrying away of the goods of another, State v. Sweat, 221 S.C. 270, 70 S.E.2d 234 (1952), which must be accomplished against the will or without the consent of the other. 50 Am.Jur.2d Larceny, § 23.

Thus, it is clearly not error for a trial judge to embrace lack of consent in his charge to the jury on the offense of robbery.

Viewing the charge as a whole, State v. Vaughn, 268 S.C. 119, 232 S.E.2d 328 (1977), we conclude that the trial judge's inclusion of lack of consent was not an impermissible charge on the facts of the case in violation of Article V, Section 17 of our State Constitution, but rather a correct statement of the law, State v. Arnold, 127 S.C. 80, 120 S.E. 747 (1924), in conformity with the evidence. State v. Gates, 269 S.C. 557, 238 S.E.2d 680 (1977).

The robbery charge also contained sufficient instruction to the jury on the element of intent so as to apprise them of the need to find this element in order to convict.

[274 S.C. 50] The trial judge stated: "The offense of robbery includes the offense of larceny. And hence, to constitute robbery it must be proved that the taking was with the intent to steal." And further in the charge:

Now, I told you that it required the intent. In every criminal offense there must be a concurrence, an act and an intent. Intent is a material element of the offense...

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25 practice notes
  • Joseph v. State, No. 25539.
    • United States
    • United States State Supreme Court of South Carolina
    • 14 Octubre 2002
    ...carrying away of the goods of another, which must be accomplished against the will or without the consent of the other. State v. Brown, 274 S.C. 48, 260 S.E.2d 719 (1979). Specifically, grand larceny is the felonious taking and carrying away of the goods of another, where the value exceeds ......
  • State v. Moore, No. 4247.
    • United States
    • Court of Appeals of South Carolina
    • 18 Mayo 2007
    ...598, 325 S.E.2d 325, 326 (1985). "The common-law offense of robbery is essentially the commission of larceny with force." State v. Brown, 274 S.C. 48, 49, 260 S.E.2d 719, 720 (1979). "In common parlance[,] larceny is just plain stealing." State v. Roof, 196 S.C. 204, 209, 12 S.E.2d 705, 707......
  • State v. Al-Amin, No. 3602.
    • United States
    • Court of Appeals of South Carolina
    • 3 Marzo 2003
    ...S.C. 551, 571 S.E.2d 280 (2002). "The common-law offense of robbery is essentially the commission of larceny with force." State v. Brown, 274 S.C. 48, 49, 260 S.E.2d 719, 720 (1979). Larceny is the felonious taking and carrying away of the goods of another against the owner's will or withou......
  • State v. Parker, No. 25538.
    • United States
    • United States State Supreme Court of South Carolina
    • 14 Octubre 2002
    ...carrying away of the goods of another, which must be accomplished against the will or without the consent of the other. State v. Brown, 274 S.C. 48, 260 S.E.2d 719 (1979). Specifically, grand larceny is the felonious taking and carrying away of the goods of another, where the value exceeds ......
  • Request a trial to view additional results
25 cases
  • Joseph v. State, No. 25539.
    • United States
    • United States State Supreme Court of South Carolina
    • 14 Octubre 2002
    ...carrying away of the goods of another, which must be accomplished against the will or without the consent of the other. State v. Brown, 274 S.C. 48, 260 S.E.2d 719 (1979). Specifically, grand larceny is the felonious taking and carrying away of the goods of another, where the value exceeds ......
  • State v. Moore, No. 4247.
    • United States
    • Court of Appeals of South Carolina
    • 18 Mayo 2007
    ...598, 325 S.E.2d 325, 326 (1985). "The common-law offense of robbery is essentially the commission of larceny with force." State v. Brown, 274 S.C. 48, 49, 260 S.E.2d 719, 720 (1979). "In common parlance[,] larceny is just plain stealing." State v. Roof, 196 S.C. 204, 209, 12 S.E.2d 705, 707......
  • State v. Al-Amin, No. 3602.
    • United States
    • Court of Appeals of South Carolina
    • 3 Marzo 2003
    ...S.C. 551, 571 S.E.2d 280 (2002). "The common-law offense of robbery is essentially the commission of larceny with force." State v. Brown, 274 S.C. 48, 49, 260 S.E.2d 719, 720 (1979). Larceny is the felonious taking and carrying away of the goods of another against the owner's will or withou......
  • State v. Parker, No. 25538.
    • United States
    • United States State Supreme Court of South Carolina
    • 14 Octubre 2002
    ...carrying away of the goods of another, which must be accomplished against the will or without the consent of the other. State v. Brown, 274 S.C. 48, 260 S.E.2d 719 (1979). Specifically, grand larceny is the felonious taking and carrying away of the goods of another, where the value exceeds ......
  • Request a trial to view additional results

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