Page:Denard Stokeling v. United States.pdf/6

4 robbery or burglary.” 18 U. S. C. App. §1202(a) (1982 ed., Supp. II). Robbery was defined in relevant part as “any felony consisting of the taking of the property of another from the person or presence of another by force or violence.” §1202(c)(8) (1982 ed., Supp. II) (emphasis added).

The statute’s definition mirrored the elements of the common-law crime of robbery, which has long required force or violence. At common law, an unlawful taking was merely larceny unless the crime involved “violence.” 2 J. Bishop, Criminal Law §1156, p. 860 (J. Zane & C. Zollman eds., 9th ed. 1923). And “violence” was “committed if sufficient force [was] exerted to overcome the resistance encountered.” Id., at 861.

A few examples illustrate the point. Under the common law, it was robbery “to seize another’s watch or purse, and use sufficient force to break a chain or guard by which it is attached to his person, or to run against another, or rudely push him about, for the purpose of diverting his attention and robbing him.” W. Clark & W. Marshall, Law of Crimes 554 (H. Lazell ed., 2d ed. 1905) (Clark & Marshall) (footnotes omitted). Similarly, it was robbery to pull a diamond pin out of a woman’s hair when doing so tore away hair attached to the pin. See 2 W. Russell, Crimes and Indictable Misdemeanors 68 (2d ed. 1828). But the crime was larceny, not robbery, if the thief did not have to overcome such resistance.

In fact, common-law authorities frequently used the terms “violence” and “force” interchangeably. See ibid. (concluding that “if any injury be done to the person, or there be any struggle by the party to keep possession of the property before it be taken from him, there will be a sufficient actual ‘violence’ ” to establish robbery); Clark & Marshall 553 (“Sufficient force must be used to overcome resistance…. If there is any injury to the person of the owner, or if he resists the attempt to rob him, and his resistance is overcome, there is sufficient violence to make