ROBBERY. The felonious and forcible taking from the person of another, goods or money to any value, by violence or putting him in fear. 4 Bla. Com. 243; 13. S. v. Wil son, Baldw. 102, Fed. Cas. No. 16,730. See Brown v. State, 33 Neb. 354, 50 N. W. 154.
In this offence the kind and value of the property taken is not material, but it must be of some value, however slight, to the per son robbed ; Wesley v. State, 61 Ala. 287; State v. Burke, 73 N. C. 83; State v. How erton, 58 Mo. 581.
Robbery, by the common law, is larceny from the person, accompanied by violence or by putting in fear ; and an indictment there for must allege that the taking was from the person, and that it was by violence, or by putting in fear, in addition to the averments that are necessary in indictments for other larcenies ; 1 Leach 195 ; Corn. v. Humphries, 7 Mass. 242.
By "taking from the person" is meant not only the immediate taking from his person, but also in his presence when it is done with violence and against his consent ; 1 Hale, Pl. Cr. 533; Kit v. State, 11 Humphr. (Tenn.) 167; Whart. C. L. 847. The taking must be
by violence or putting the owner in fear but both these circumstances need not con cur; for if a man should be knocked down, and then robbed while he is insensible, the offence is still a robbery ; Corn. v. Snelling, 4 Binn. (Pa.) 379. And if the party be put in fear by threats and then robbed, it is not necessary there should be any greater vio lence; Com. v. Martin, 17 Mass. 359. The violence or putting in fear must be at the time of the act or immediately preceding; 1 C. & P. 304.
A person taking property from another un der a bona fide claim of right, and with the purpose of applying it to the payment of a debt from the latter to himself, Is not guilty of robbery, for in such case the animus fur andi is lacking ; Crawford v. State, 90 Ga. 701, 17 S. E. 628, 35 Am. St. Rep. 242.
One who is present and aids and abets a robbery is punishable as a principal, though he receives none of the money, and the amount taken is immaterial ; State v. Brown, 104 Mo. 365, 16 S. W. 406.