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Root v. State

ROOT Et Al. v. STATE

Root v. State, 25 So. 2d 182 (Ala. 1946)
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Court
Supreme Court of Alabama · State Highest Courts
Decided
March 7, 1946
Docket
No. 4 Div. 400.
Judges
Stakely, Gardner, Foster, Lawson
Citations
25 So. 2d 182247 Ala. 514
Cited by 20 1 descriptions by later courts

Opinion of the Court — Stakely

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.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 20 cases

View all citing references →
1946: 11947: 11948: 11952: 11972: 41975: 21976: 11977: 21978: 21979: 21983: 11987: 11996: 119462026peak 1972 · 4

Relies on it most ⓘ

  1. Bascom v. State344 So. 2d 218 (Ala. Crim. App. 1977)
  2. Traxler v. State1952 OK CR 162, 251 P.2d 815
  3. Bryant v. State272 So. 2d 286 (Ala. Crim. App. 1972)
  4. Parsons v. State33 So. 2d 164 (Ala. Ct. App. 1947)
  5. Garrison v. State372 So. 2d 55 (Ala. Crim. App. 1979)
  6. Gibson v. State268 So. 2d 49 (Ala. Crim. App. 1972)

Most recent

  1. Dixon v. State673 A.2d 1220 (Del. 1996)
  2. State v. Jordan409 N.W.2d 184 (Iowa 1987)
  3. Beverly v. State439 So. 2d 758 (Ala. Crim. App. 1983)
  4. Crenshaw v. State374 So. 2d 448 (Ala. Crim. App. 1979)
  5. Garrison v. State372 So. 2d 55 (Ala. Crim. App. 1979)
  6. Brown v. State367 So. 2d 557 (Ala. Crim. App. 1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Kennedy v. State, 93 So. 822 (Ala. 1922) 10
People v. O'Neal, 38 P.2d 430 (Cal. Ct. App. 1934) 23
Etzler v. State, 158 S.W.2d 495 (Tex. Crim. App. 1941) 11
Porter v. State, 1 So. 2d 309 (Ala. Ct. App. 1941) 4

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