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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
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
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
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.).

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