State v. Redmond
| Citation | 210 P. 772,122 Wash. 392 |
| Decision Date | 04 December 1922 |
| Docket Number | 17500. |
| Court | United States State Supreme Court of Washington |
| Parties | STATE v. REDMOND et al. |
Department 2.
Appeal from Superior Court, King County; Boyd J. Tallman, Judge.
James E. Redmond, alias Tom E. Atchison, alias Jimmy Ryan, alias James Howard, alias C. G. Hill, and Robert Lynch, alias Willard Holtz, alias Ruddy Martin, were convicted of robbery and they appeal. Affirmed.
E. C Dailey and A. E. Dailey, both of Everett, for appellants.
Malcolm Douglas and John D. Carmody, both of Seattle, for the State.
This is an appeal by James E. Redmond and Robert Lynch from a judgment of conviction on a charge of robbery. The offense consisted of the taking by the appellants of some $25,000 in currency from a bank messenger, which the messenger was carrying from a Federal Reserve bank in the city of Seattle to another bank in the same city. The sole contention for reversal is that the evidence fails to show that the taking of the property was by means of force or violence, or by putting the bank messenger in fear.
The evidence on the question of force and fear is found in the testimony of the messenger, the testimony of certain eyewitnesses to the transaction, and the testimony of a participant in the act. This testimony shows that the offense was committed on July 14, 1921, shortly after 10 o'clock in the city of on one of the public streets of the city of Seattle. The messenger testified that he was sent by the bank by whom he was employed to a Federal Reserve bank with an order for currency; that he procured the currency placed it in a bag, and, with a companion, started on his return to his employer bank carrying in his hand the bag in which he had placed the currency; that while on his way some one stopped him, pressed a gun against his head and commanded him to drop the bag, which command he obeyed. He testified to no other element of force, nor did he say that he was put in fear. From the testimony of other witnesses for the state it appears that there were four men engaged in the act; that these men approached the messenger from behind; that one of them had a gun in his hand which he pressed against the back of the messenger, telling him to drop the bag; that the messenger did drop the bag; and that when he did so the bag was picked up by one of the men and carried to a nearby automobile into which the men climbed and drove away. One of the participants in the act...
To continue reading
Request your trial
-
State v. Witherspoon
...person.’ ” State v. Shcherenkov, 146 Wash.App. 619, 624–25, 191 P.3d 99 (2008) (alterations in original) (quoting State v. Redmond, 122 Wash. 392, 393, 210 P. 772 (1922)). To determine whether the defendant used intimidation, we use an objective test. We consider whether an ordinary person ......
-
State v. Witherspoon
...that actual fear be specifically proven, for the law will presume fear where there appears to be just ground. State v. Redmond, 122 Wash. 392, 393–94, 210 P. 772 (1922). ¶ 52 At trial, Pittario testified that she arrived home to find an unknown car in her driveway facing in the direction of......
-
In re Travis W.
...(1930) 110 Conn. 549, 558, 148 A. 664, 667; People v. Bodkin (1922) 304 Ill. 124, 127-128, 136 N.E. 494, 495; State v. Redmond (1922) 122 Wash. 392, 393, 210 P. 772; State v. Luhano (1909) 31 Nev. 278, 284, 102 P. 260, 262; State v. Perley (1894) 86 Me. 427, 432, 30 A. 74, 76; State v. Burk......
-
State v. Chirinos
...for the safety of his [or her] person, it is robbery.”Collinsworth, 90 Wash.App. at 551, 966 P.2d 905 (quoting State v. Redmond, 122 Wash. 392, 393, 210 P. 772 (1922)). ¶ 19 Here, Chirinos jumped through the open window of Turner's car, grabbed the steering wheel, and attempted to press the......