Opinion · Supreme Court of Alabama

Root v. State

Root v. State, 247 Ala. 514 (Ala. 1946)

Type
Opinion
Court
Supreme Court of Alabama
Jurisdiction
Alabama
Date
1946-03-07
Topic
general

How later courts describe this case

  • holding that use of force merely to escape not robbery

Citator

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Cited by
21 opinions
STAKELY, Justice.

We concur in the reasoning and conclusion of the Court of Appeals, but think it well to add that in order to constitute robbery, it was essential “that the taking should, at the time of manucaption, have been with a larcenous intent.” Kennedy v. State, 208 Ala. 66, 93 So. 822. In other words if the defendants had taken the car merely for use in making their escape, but not with intent to steal it, that is, to appropriate it permanently, then there would have been, no robbery. But under the evidence, as found by the Court of Appeals, we think the question of intent was a question for the jury. Kennedy v. State, supra. See also Porter v. State, 30 Ala. App. 46, 1 So.2d 309; State v. Smith, Mo. Sup., 68 S.W.2d 696; People v. O’Neal et al., 2 Cal.App.2d 551, 38 P.2d 430; Etzler v. State, 143 Tex.Cr.R. 327, 158 S.W.2d 495; People v. Headlee, Cal.App., 108 P. 2d 933.

Writ denied.

GARDNER, C. J., and FOSTER and LAWSON, JJ., concur.