Section 112. Definition and Elements.

Robbery is the felonious and forcible taking from the person of another, his goods or money of any value, by violence or putting him in fear.168

The gist of the offense is the force or intimidation, and taking from the person against his will, a thing of value belonging to him; and the force or violence must be immediate to the person.167

Larceny is included in robbery,168 and is therefore an element of the latter.169

The property must be taken from the person.170

But the property need not be actually attached to the person; it is sufficient if it is taken in the owner's presence.171

163 Clement vs. Major, 8 Colo. App., 86. 164 State vs. Humkins, 90 Wis., 264. 165 People vs. Cox, 45 Cal., 342. 166 4 Blackstone Com., 242; 1 Hale P. C, 532; 2 East P. C, 707;

3 Greenl. Ev., 223; People vs.

Church, 116 Cal., 300. 167 Hughes Cr. Law, Sec. 763; Burke vs. People, 148 Ill., 74; Schraeder vs. People, 196 Ill., 211;

State vs. Jackson, 36 Mo., 372;

State vs. Nicholson, 124 N. C, 820; Crawford vs. State, 90

Ga., 701. 168 Burke vs. People, 148 Ill., 74;

State vs. Hanford, 104 N. C, 874. 169 Houston vs. Com., 87 Va., 257;

Stevens vs. State, 19 Neb., 647.

170 People vs. Beck, 21 Cal., 385;

1 McClain Cr. Law, Sec. 474.

171 Hill vs. State, 42 Neb., 503;

People vs. Ah Sing, 95 Cal., 654; State vs. Calhoun, 72 Iowa, 432; Clements vs. State, 84 Ga., 660.

The crime is not complete unless the accused secured actual possession of the goods. If he merely cuts the owner's purse from his girdle and it falls to the ground without coming into actual custody of it, there is no possession.172

But where the property was attached to the person requiring force to detach it, that is sufficient.173