Simmons v. State

Citations

• 41 Fla. 316

Syllabus

<p>1. Property obtained by trick or artifice, or by threats of illegal arrest, criminal prosecution, or insinuations against character, except they relate to sodomitical practices, is not taken by “putting in fear,” within the meaning of Section 2398, Revised Statutes.</p> <p>2. Allegations in an information to the effect that Simmons, Tyre and Jones, by putting in fear one Rebecca Jackson by then and there falsely representing and pretending to the said Rebecca Jackson that one of them, to-wit, the said Jones, was then and there an officer, to-wit, a constable, and authorized to take her furniture, and by then and there threatening to arrest and take into custody the said Rebecca Jackson if she resisted them in the taking of said furniture, do not show a “putting in fear” within the meaning of Section 2398, Revised Statutes.</p>