State v. Lapista

Citations

• 30 Del. 260
• 7 Boyce 260
• 105 A. 676
• 1918 Del. LEXIS 48

Syllabus

<p>1. Criminal Law—Jury—Recommendation to Mercy.</p> <p>Where a defendant admits his guilt and asks a recommendation of mercy by the jury, the request is a matter within the sound discretion of the jury.</p> <p>2. Larcency—Offense—Elements.</p> <p>“Larceny” is the felonious taking and carrying away of the personal goods of another, with intent to convert them to his (the taker’s) use, without consent of the owner.</p> <p>3. Robbery—Offense—Essentials.</p> <p>In a prosecution under Rev. Code 1915, § 4716, denouncing the offense of highway _ robbery, the state must show that defendant, by violence or by putting in fear, took from the prosecuting witness some article, the subject of larceny, etc., but the degree of violence is immaterial.</p> <p>4. Criminal Law—“Accomplice”—Principal.</p> <p>Under Rev. Code 1915, § 4806, one who abets, procures, commands, or counsels another to commit a crime is an “accomplice,” and equally criminal as a principal.</p>