About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


49 Dick. L. Rev. 119 (October 1944 to June 1945)
Robbery - Mental Element at Time of Force or Putting in Fear

handle is hein.journals/dlr49 and id is 125 raw text is: Dickinson Law Review Published October, January, March and May by Dickinson Law Students Vol. XLIX JUNE, 1945 NUMBER 4 Subscription Price $2.00 Per Annum 75 Cents Per Number STUDENT STAFF WILLIAM G. WILLIAMS, Editor in Chief EDGAR R. BARNES, JR., Associate Editor ROBERT J. FRIEDMAN, Business Manager GEORGE R. LEwis, Assistant Manager WALTER H. ITCHLER, Faculty Editor JOSEPH P. MCKEEHAN, Faculty Manager NOTE ROBBERY - MENTAL ELEMENT AT TIME OF FORCE OR PUTTING IN FEAR The offense of robbery is composed of two constituent physical acts: (1) the assault, violence, or putting in fear; and (2) the felonious taking of property as a result thereof.' We are here concerned with the mental element necessary at the time ot the assault, violence, or putting in fear; is it necessary that the violence or putting in fear be used for the purpose of accomplishing the theft, and should it be necessary? Apparently, the majority of the cases on the point hold the defendant guilty of robbery, even though at the time of the force or threats, there was no intent whatsoever to steal. While attempting to commit rape upon a woman, the de- IDiaz et al v. State, 182 S: W. 2d 805 (Tex.).