Pickpocket v. Robbery. Cooper v. State.

14923509448691552913892-e1492394121118

Brief Brief.  Cooper v. State,9 Md. App. 478 (1970).

ISSUE:  Pickpocket v. Robbery

QUOTE: “Robbery, a common law crime in Maryland, is larceny from the person accompanied by violence or putting in fear.  The violence may be actual as by the application of physical force, or it may be constructive as by intimidation or placing the victim in fear. Where, as here, it is clear that the victim was neither intimidated or put in fear, there must be evidence of actual violence preceding or accompanying the taking.  Actual violence, it is said, implies personal violence; if there is any injury to the person of the owner in the taking of the property, or if he resists the attempt to rob him, and his resistance is overcome, there is sufficient violence to make the taking robbery, however slight the resistance. The degree of force used is immaterial so long as it is sufficient to compel the victim to part with his property. In other words, sufficient force must be used to overcome resistance and the mere force that is required to take possession, when there is no resistance, is not enough, i. e., the force must be more than is needed simply to move the property from its original to another position; there must be more force than is required simply to effect the taking and asportation of the property. Thus, it is not robbery to obtain property from the person of another by a mere trick, and without force, or to pick another’s pocket without using more force than is necessary to lift the property from the pocket; nor is it robbery to suddenly snatch property from another when there is no resistance and no more force, therefore, than is necessary to the mere act of snatching.” (Id. at 480. Internal citations omitted)

About Site Administrator: Paul Notarianni

Feel free to view and download any of the content on this site IF you accept the following conditions: 1) You agree to not forward or distribute any of the content of this site for profit or financial gain. 2) You understand that this site and all of its content is for informational purposes only. 3) You understand that the Western Maryland Advocate is not an advertisement, no legal services of any kind are being offered. 4) You understand that no attorney-client relationship exists simply by nature of viewing this site and downloading/viewing its contents. 5) You understand that nothing on this site or downloaded from it should be used as an alternative to discussing your case with a competent licensed attorney in your particular jurisdiction. 6) You understand that the Western Maryland Advocate is an independent experiment. In other words, this site is in no way, whatsoever, affiliated with any government agency or law firm. 7) You understand that no warranty or guarantee is made that the information on this site or the content posted on it is accurate, up to date, or current. 8) You understand that the Western Maryland Advocate is not responsible for the content on any associated link or advertisement. Paul J. Notarianni is the administrator for the Western Maryland Advocate. He is licensed to practice law in the State of Maryland and may be contacted at Paulnotarianni@gmail.com
This entry was posted in - Assault & Affray, - Criminal Law, -- B.B.'s. Brief Briefs and tagged , , . Bookmark the permalink.