What is the argument that robbery is not a crime in the federal or state criminal laws?

California, United States of America


The following excerpt is from People v. Miramon, 140 Cal.App.3d 118, 189 Cal.Rptr. 432 (Cal. App. 1983):

The essence of defendant's argument in Collins v. McDonald, supra, 258 U.S. 416, 42 S.Ct. 326, 66 L.Ed. 692, was strikingly similar to the argument made by appellant. The defendant-soldier was convicted by court martial under Articles of War which provided that any soldier who "commits robbery" shall be punished. Defendant claimed that robbery was not a federally recognized offense. The court answered: "The sufficient answer to this contention that the specifications do not charge any crime known to the laws of the United States is that 284 of the Federal Criminal Code, providing for the punishment of robbery, reads: 'Whoever, by force and violence, or by putting in fear, shall feloniously take from the person or presence of another anything of value, shall be imprisoned not more than fifteen years.' " (Id. at p. 420, 42 S.Ct. at p. 328.) The teaching is that both the federal law and the state law have long recognized robbery as the same thing.

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