Putting in fear
PUTTING IN FEAR. These words are used in the definition of a robbery from
the person; the offence must have been committed by putting in fear the
person robbed. 3 Inst. 68; 4 Bl. Com. 243.
2. This is the circumstance which distinguishes robbery from all other
larcenies. But what force must be used, or what kind of fears excited, are
questions very proper for discussion. The goods must be taken against the
will (q.v.) of the possessor. For. 123.
3. There must either be a putting in fear or actual violence, though
both need not be positively shown; for the former will be inferred from the
latter, and the latter is sufficiently implied in the former. For example,
when a man is suddenly knocked down and robbed while he is senseless, there
is no fear,, yet in consequence of the violence, it is presumed. 2 East, P.
C. 711; 4 Binn. Rep. 379; 3 Wash. C. C. Rep. 209; 2 Chit. Cr. Law, 803.