People v. Ho Sing

The defendant was informed against, tried and convicted of the crime of robbery, and was sentenced to imprisonment in the state prison for the term of twenty years.

The charging part of the information is as follows: “The said Ho Sing . . . did then and there . . . from the immediate presence of one Chung Kee ... by means of fear and against the will of the said Chung Kee, take, steal and carry away” certain property of the value of $1,026, “of the personal property of said Chung Kee.” To this information a demurrer, general and special, was interposed, which was overruled. The argument by appellant on the demurrer is chiefly addressed to the point that the information does not state facts sufficient to charge the crime of robbery. We think the argument is sound. “Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence and against his will, accomplished by means of force or fear.” (Pen. Code, sec. 211.) It will be observed that the information fails to set forth one of the essential elements of the crime of robbery as defined in this section, in that it does not aver that the property was taken from the possession…