The following excerpt is from People ex rel. Maurer v. Jackson, 159 N.Y.S.2d 203, 2 N.Y.2d 259 (N.Y. 1957):
[2 N.Y.2d 265] Two recent cases in California, which has a statute almost identical with section 1938, are illustrative of their treatment of separate sentences for assault and robbery. In the case of Ex parte Chapman, 43 Cal.2d 385, 273 P.2d 817, supra, the victim was struck by defendant after he had surrendered his money to defendant, and separate sentences were sustained. In People v. Logan, 41 Cal.2d 279, 290, 260 P.2d 20, defendant struck his victim with a baseball bat and then took her purse. It was held that there could not be punishment for both assault and robbery.
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