United States v. Larkin
This text of 26 F. Cas. 866 (United States v. Larkin) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
(item..con.) overruled the motion, being of opinion that the assault and battery were included in and made a part of the offence of robbery, as much as the stealing, taking, and carrying away of the money, watch, &c., which are also charged; and therefore, although the words, “ with intent to kill,” are added, they are merely stated as words' of aggravation, and may be rejected as surplusage; so that the count does not charge more than a single offence. See Young v. Rex, in Error, 3 T. R. 98, 103, 106, 107; 1 Chitty, Cr. L. 231, (b,) 248, 249; and The King v. Fuller, 1 Bos. & Pul. 180.
The prisoner was sentenced to the penitentiary for six years.
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Cite This Page — Counsel Stack
26 F. Cas. 866, 4 D.C. 617, 4 Cranch 617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-larkin-circtddc-1835.