Commonwealth v. Dantine

Supreme Court of Pennsylvania
Commonwealth v. Dantine, 261 Pa. 496 (Pa. 1918)
104 A. 672; 1918 Pa. LEXIS 775
Brown, Frazer, Moschzisker, Stewart, Walling

Commonwealth v. Dantine

Opinion of the Court

Per Curiam,

The contention of the Commonwealth on the trial of the prisoner was tha.t he killed the deceased in the perpetration of, or the attempt to perpetrate robbery, and that his offense was, therefore, murder of the first degree under the statute. The jury found him guilty of that crime, and, on this appeal from the judgment pronounced against him, his main complaint is that the learned trial judge erred in defining robbery to the jury. While it is the felonious and forcible taking from the person of another of goods or money to any value by violence or putting in fear, the. offense is complete if they are taken in the presence of the owner by violence or putting in fear. In other words, it is not necessary for the completion of the offense that they be taken from the person of the owner: 2 East P. C. C. 16, section 124; 2 Roscoe’s Criminal Evidence, 935; 2 Wharton’s Criminal Law, section 1081; Trickett’s Pennsylvania Criminal Law, 664; United States v. Jones, No. 15494 Federal *499Cases, 663. The first four assignments are dismissed. The ingredients necessary to constitute murder of the first degree having been proved to exist, the fifth assignment is overruled and the judgment is affirmed, with direction that the record be remitted for the purpose of execution.

Reference

Cited By
14 cases
Status
Published
Syllabus
Criminal law — Murder of first degree — Killing in perpetration of robbery — ■Forcible taking in presence of, but not from person of victim — Charge. 1. While robbery is the felonious and forcible taking from the person of another of goods or money to any value by violence or putting in fear, the offense is complete if they are taken in the presence of, although not from the person of the owner, by putting in fear. 2. A conviction of murder of the first degree will be sustained where it appears that the dead body of a woman was found in a beaten condition at her home late at night; that her bureau drawer had been pried open and $70 taken therefrom; that the bedroom showed evidence of a violent struggle; that on the evening of the murder defendant was arrested and admitted he had committed the crime; that defendant’s clothes were spotted with blood and he bore numerous scratch marks; that just before his arrest he had displayed a roll of bills and stated that he had $50, although he was almost without funds just before the commission of the crime.