
    United States v. Negro Henry Simms.
    To constitute robbery, there must be fear or force.
    A slave, charged with larceny, is tó be tried and punished by a justice of the peace.
    Indictment for highway robbery of one Latimer, by snatching his watch from his side pocket, it being fastened to his neck by a ribbon, which was broken by the first snatch, the owner not having been put in fear.
    
      Mr. Key, for the United States,
    cited Russ. & Ry. Cr. Ca. 419; 3 Chitty, 805.
    
      Mr. Hoban and Mr. Morfit, for the prisoner,
    cited Rex v. Gos-nil, 1 Carrington & Payne,’ 304; S. C. 11 Serg. & Louder, 400.
   The Court

(nem. con.) was of opinion, that, in this case, the force was not sufficient to constitute the offence of robbery; and intimated that the law was correctly stated by Garrow, B., in Gosnil's case, 1 Car. & P. 304.

The jury found the prisoner guilty of simple larceny, and that he was a slave; whereupon, the Court, not having jurisdiction of simple larceny by a slave, ordered him to be taken before a justice of the peace, to be dealt with according to law.  