CHAPTER 15.

ROBBERY.

$107. Robbery is the stealing of a thing from the person of another or from his custody in his presence, by force or putting him in fear.

$108. In order to constitute robbery, the force must be used, or the fear excited or taken advantage of, to prevent or overcome resistance, or to prevent or hinder the escape of the party robbed, or to prevent the conveying away, securing or guarding the subject of the larceny from being taken, or to induce the party robbed to surrender the same, or to prevent detection of the crime.

$109.

Though the taking be by force, yet if it be not with intent to steal, it is not robbery.

$110. The taking of a thing from another by means of forcibly imprisoning him, or forcibly putting him under personal restraint or duress, until he shall surrender the same is robbery.

$111. In order to render the taking through fear, where no violence is used, a robbery, it is requisite that the ground of fear should be adequate, and not merely trivial and frivolous.

$112. An adequate cause of fear is such as would, under the same circumstances, cause fear in a person of ordinary firmness of like age, sex and state of health, and induce such a person to part with property, to avoid the apprehended injury or

danger; or such as the taker of the thing believes, or has reason to believe will cause, and such as does in fact cause, such degree of fear.

$113. Whether the robber obtains the thing stolen through the influence of fear excited by words, menacing gesture, the presenting a weapon, or other act causing fear, it will equally in either case be robbery.

$114. Robbery by one armed with a dangerous weapon with intent, if resisted, to kill, maim, wound or inflict other severe. corporal injury upon the person robbed; or where, being so armed, the robber in committing the offense, wounds, or strikes or inflicts other severe injury upon the person robbed, or any other person, is robbery in the first degree; and all other robbery is such in the second degree.

$115. Any person committing a robbery, being armed with a dangerous weapon, shall be presumed to be so armed with the intent specified in the preceding section.

$116.

Whoever commits robbery in the first degree, shall be punished by imprisonment at hard labor for life or any number of years, in the discretion of the Court.

$117. Whoever commits robbery in the second degree, shall be punished by imprisonment at hard labor not more than twenty

years.

NOTE TO CHAPTER 15.

$$107-117 are P. C. Ch. 15, unaltered.

Cases in Hawaiian Reports: Re Rhodus, 6 Haw. 343; Hapa, 9 Haw. 622; R. v. Ah Cheon, 10 Haw. 469.

Gov't v.

CHAPTER 16.

LARCENY.

$118. Larceny or theft is the feloniously taking any thing of marketable, saleable, assignable or available value, belonging to or being the property of another.

$119. It is enough if the thing taken is of any pecuniary value, or valuable or economical utility, though it be not of any value to sell.

$120. In order to be the subject of larceny, a thing must be moveable, or such that it can be removed.

$121. Any part of real estate that is moveable, or can be detached, severed, separated or removed from the real estate of which it is a part, may be the subject of larceny.

$122. In order to be the subject of larceny, a thing must be the subject of property and possession.

$123. Domestic animals of value are the subjects of larceny, though not at the time within the actual keeping or control of the owner, or of any one for him. For instance, estrays and cattle ranging the commons or mountains of the islands.

$124. Animals, whether those living in air, or aquatic or amphibious, of species not usually domesticated, are subjects of larceny when in the custody, possession and control of the owner, or of any one for him, and are distinguishable as being, or

known by the taker to be, so in the owner's possession, custody or control. For instance, fish in ponds, or particular creeks or portions of the sea, doves in a dove cote.

$125. Any writing of value may be the subject of larceny. For instance, a promissory note, bill of exchange or other bill, order, certificate, bond, book of accounts; a deed or any written or printed conveyance of land; any award of the Land Commission, or other evidence of title to real or personal property; any contract remaining in force; a receipt, discharge, writ or process; any commission conferring a right, privilege, claim or liability upon another; a record or journal of the acts or proceedings of any judicial Court, Court of impeachment, or of the Legisla ture, Privy Council or any public corporation; or any record of any public office.

$126. Where no one can be benefited by a writing, and no one has any interest in it or depending upon it, or can be subject to liability by its passing into other hands or being destroyed, it is not a subject of larceny.

$127. The value of a writing is not necessarily to be considered to be the amount expressed or imported by the writing itself, but should be determined by its importance, materiality and availability as affecting public or individual interests.

$128. In order to be the subject of larceny, a thing must be owned by, or be the property, general or special, of, or belonging to, some one. That is, some one must have a property, general or special, in the thing; or have and be entitled to the possession of the thing.

$129. Wrecked property, estrays and lost property, shall be deemed still in the constructive possession of the owner; and the taking of either of them, with felonious intent, is larceny. But the taking of derelict property is not larceny.

$130. It is not necessary, in respect to larceny, that it should appear whose property, other than the taker's, the thing is; it is enough that it appear that it is not the taker's, and that it does not appear to be derelict; and in case of doubt whether a thing is derelict, the presumption is that it is not so.

$131. Larceny cannot be committed by the husband from the wife of her property, or by the wife from the husband of his property.

$132. Larceny is of two degrees, first and second. Larceny of property of the value of more than one hundred dollars is in the first degree, and shall be punished by imprisonment at hard labor not more than ten years.

All other larceny is in the second degree, and shall be punished by imprisonment at hard labor not more than two years, or by fine not exceeding one thousand dollars.

$133.

Whoever shall be convicted of three or more larcenies at the same session of any Court; or whoever, having been convicted of a larceny, shall be again convicted of a larceny committed after such former conviction, shall receive an additional punishment not exceeding that otherwise provided by law for the offense or offenses of which he is so convicted, by more than one half.

NOTE TO CHAPTER 16.

$$118-131 are P. C. Ch. 16 §§1-14. §132 is S. L. 1896, Act 25. §133 is P. C. Ch. 16 §16.

Cases in Hawaiian Reports: Koa v. Kaahanui, 6 Haw. 168; R. v. McGiffin, 7 Haw. 104; R. v. Chop Tin, 7 Haw. 383; R. v. Mahelona, 7 Haw. 392; R. v. Haumea, 8 Haw. 280; Gov't v. Machado, 9 Haw. 221; Gov't v. Mura, 9 Haw. 428; R. v. Pahu, 10 Haw. 74; R. v. Kahoohanohano, 10 Haw. 97; R. v. Ah Ping, 10 Haw. 459; R. v. Ah Cheon, 10 Haw. 469; R. v. Naone, 2 Haw. 746; R. v. Asina, 3 Haw. 474; R. v. Ikeole, 4 Haw. 413; R. v. Ah Fong, 4 Haw. 621.