Green v. Commonwealth - 133 Va. 695, 112 S.E. 562 (1922)

Rule:

Robbery is the taking, with the intent to deprive the owner permanently, of personal property, from his person, or in his presence, against his will, by violence or intimidation. The taking must be the securing dominion or absolute control of the property. The absolute dominion must exist at some time, though it be only momentary. In robbery there must be an asportation. Consequently, if the one assaulted merely drops a thing, the other, who is apprehended before he takes it up, does not commit robbery. 

Facts:

Green allegedly robbed Lillie Priddy. He was convicted and sentenced to the penitentiary for eighteen years. He sought review of his conviction and claimed, among other things, that the verdict was contrary to the evidence. Green’s whole defense was an alibi, which he offered testimony to prove.

Issue:

Was Green’s robbery conviction proper?

Answer:

No.

Conclusion:

 The court held that the testimony for the State of Green’s presence and of the assault and battery upon Priddy was direct and positive. Hence, the verdict of the jury upon this point was conclusive upon the court. However, the State failed to show Green’s guilt beyond a reasonable doubt. Specifically, contrary to Priddy’s testimony, if she was unconscious at the time of the offense, she could not have known whether her pocketbook was taken from her hand, or whether it fell when she fell. Therefore, her testimony on that issue was a mere opinion, conclusion, or deduction, which she had no right to give. Moreover, if the one assaulted merely dropped the item taken, the other, who was apprehended before he picked it up, did not commit a robbery.