The Texas Criminal Reports Volume 51 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...was no force used in taking the property. The prosecutor had his purse in his hand to make change, and while he was holding it in his hand appellant suddenly snatched the purse from him. It was held in that case that merely snatching a purse from one's hand, under such circumstances, under the authorities, would not constitute robbery. In Tones v. State, 13 Texas Ct. Rep., 722, the question of force necessary to constitute robbery was considered by this court. Our statute says that if any person by assault or violence or by putting in fear of life or bodily injury, shall fraudulently take from the person or possession of another property with the intention to appropriate the same to his own use, he shall be guilty of robbery, etc. So that it would seem from the wording of this statute where one taking property by assault or by violence, or by putting in fear of life or bodily injury (without assault and violence), would be guilty of robbery. However, concede, as appears to be conceded in some of the cases, that there must be an assault or violence and putting in fear, do the facts in this case show the essential elements of robbery. As heretofore stated, in Tones v. State, the question as to what amount of violence should be used in order to constitute the offense was discussed, and the authorities examined, and we held in that case that where the parties, who were officers, arrested prosecutor and took him into custody, and after they got him in jail or the calaboose they backed him up against the wall and held his hands up while one of them thrust his hand into his pocket and took therefrom the money: this was held to be sufficient force to constitute the offense. In the above case it was conceded the parties may have had a right...