Guffey v. Continental Casualty Co.

Citations

• 109 Kan. 61
• 197 P. 1098
• 1921 Kan. LEXIS 76

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Life Insurance — Death While Resisting an Attempt to Take Suitcase —No Intent to Rob Deceased Shown. The plaintiff, to establish her claim that the deceased was killed by an assault upon him for the sole purpose of robbery, put upon the stand the only eyewitness to the tragedy, the man who killed him. His story was that he, a special agent for the railroad company, without a warrant attempted to get possession of a suitcase carried by the deceased which he thought contained intoxicating liquor and which he afterwards found did contain such liquor; that after striking the deceased over the head with a rubber club in order to get the suitcase, the deceased choked him until he was compelled to shoot in self-defense. Held, that from this testimony no proof or inference could be derived that the assailant had any intent to rob the deceased, and hence a demurrer to the plaintiff’s evidence was properly sustained.</p> <p>2. Same — Larceny Included in Robbery. Robbery includes larceny and may be deemed forcible larceny, and in order to constitute it there must be an intent to deprive -the owner of the property taken, not temporarily,' but permanently.</p>