Note and Comment

Authors

Walter F. Whitman, University of Michigan Law School
William C. Mullendore, University of Michigan Law School
Myron McLaren, University of Michigan Law School
Harry B. Sutter, University of Michigan Law School
Renville Wheat, University of Michigan Law School

Abstract

Attempt, Assault, and Assault with Intent - The case of State v. Lewis, decided in October, 1915, by the Supreme Court of Iowa, has an interesting bearing upon the law of assault and of criminal attempts. Two men, Tropp and Cox, observed a third, Dunlevy, asleep on a cot with a pocketbook under his pillow. Tropp armed himself with a leather sap and a loaded revolver and moved quietly to the head of the cot, when Dunlevy, feeling the presence of some one in the room, sprang to his feet. Tropp fled from the room with Dunlevy after him, but fell before making his escape. Dunlevy undertook to secure him, but Cox came up from behind with a lead pipe and struck Dunlevy over the head. Tropp and Dunlevy both testified that Tropp did not speak to or touch Dunlevy, but Tropp stated that he "made a movement" under the pillow. Tropp pleaded guilty to a charge of assault with intent to commit robbery, but one Lewis, who was charged with aiding and abetting in this same crime, contended that there was no evidence that Tropp had committed an assault with intent to rob.

Recommended Citation

Walter F. Whitman, William C. Mullendore, Myron McLaren, Harry B. Sutter & Renville Wheat, Note and Comment, 14 Mich. L. Rev. 399 (1916).
Available at: https://repository.law.umich.edu/mlr/vol14/iss5/3