Root v. State

Supreme Court of Alabama
Root v. State, 25 So. 2d 182 (Ala. 1946)
247 Ala. 514
Stakely, Gardner, Foster, Lawson

Root v. State

Opinion of the Court

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.

Reference

Full Case Name
ROOT Et Al. v. STATE
Cited By
21 cases
Status
Published