Thompson v. Com.

Decision Date15 March 1892
Citation18 S.W. 1022
PartiesThompson v. Commonwealth.
CourtKentucky Court of Appeals

Appeal from circuit court, Laurel county.

"Not to be officially reported."

G. C Thompson was convicted of robbery, and appeals. Reversed.

Bennett J.

The appellant was convicted of the crime of robbing J. R. Barnes. The money that the appellant is accused of robbing said Barnes of was won by Barnes from the appellant that evening at an unlawful game; and the appellant thereafter presented his pistol on Barnes, and compelled him to return him the money thus won. Under our statute the title to the money won by Barnes did not pass to him or from the appellant, nor did the right to its possession pass to Barnes as against the appellant. It is a uniform rule that a person is not guilty of stealing that that belongs to him, and to which he has a right. Robbing is...

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7 cases
  • McGinnis v. State
    • United States
    • Wyoming Supreme Court
    • 7 Octubre 1907
    ...Smedley v. State, 30 Tex. 214; People v. Vice, 21 Cal. 344; Com. v. Clifford, 8 Cush. (Mass.), 215; Sikes v. Com. (18 S.W. 902); Thompson v. Com., 18 S.W. 1022; People v. Hughes, 11 Utah 100; State v. Wasson, 101 N.W. (Ia.), 1125; 2 Bishop's Cr. Proc., 1006; McLain's Cr. Law, Sec. 481; Peop......
  • State v. Price
    • United States
    • Idaho Supreme Court
    • 3 Noviembre 1923
    ... ... money won is not guilty of robbery. (Gant v. State, ... 115 Ga. 205, 41 S.E. 698; Thompson v. Commonwealth, ... 13 Ky. Law Rep. 916, 18 S.W. 1022; Sikes v ... Commonwealth, 17 Ky. Law Rep. 1353, 34 S.W. 902; Smith ... v. State (Tex.), ... ...
  • Cates v. State
    • United States
    • Court of Special Appeals of Maryland
    • 22 Mayo 1974
    ...Butler, 65 Cal.2d 569, 55 Cal.Rptr. 511, 421 P.2d 703 (1967); People v. Hughes, 11 Utah 100, 39 P. 492 (1895); Thompson v. Commonwealth, 13 Ky.L.Rptr. 916, 18 S.W. 1022 (1892); Gant v. State, 115 Ga. 205, 41 S.E. 698 (1902); State v. Price, 38 Idaho 149, 219 P. 1049, 35 A.L.R. 1458 (1923); ......
  • Triplett v. Com.
    • United States
    • Kentucky Court of Appeals
    • 15 Febrero 1906
    ... ... person retook money, which he had lost in gambling, from the ... winner, by presenting a pistol to his head and thus putting ... him in fear, it is not robbery, because the alleged ... trespasser was only retaking his own. The same principle was ... upheld in Thompson v. Commonwealth, 18 S.W. 1022, 13 ... Ky. Law Rep. 916. In the case of Utz v. Commonwealth, 3 ... Ky. Law Rep. 88, an infant had exchange horses with an ... adult. Afterwards he went, at night, and took the mare ... originally belonging to him from the possession of Willis, ... the adult with ... ...
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