Committee Comments

The above introductory instruction is meant for use with regard to the crimes set forth in Title 21, Chapter 28, entitled Robbery. The instruction gives the basic facts alleged in the information.

Chapter 28 includes sections 791 through 801. Section 791 is the statutory definition of robbery, while sections 797, 800, and 801 classify robbery into degrees and stipulate the circumstances which make a robbery an aggravated robbery. The sections which create specific robbery crimes all depend upon section 791 for the definition of robbery. Roulston v. State, 1957 OK CR 20, 307 P.2d 861; Inman v. State, 61 Okl. Cr. 73, 65 P.2d 1228 (1937); Simpson v. State, 40 Okl. Cr. 58, 266 P. 783 (1928).

Sections 792, 793, and 794 provide definitions of force and fear: the element of robbery which primarily distinguishes it from the crime of larceny. Section 795 indicates that the value of the property taken is immaterial, while section 796 distinguishes robbery from the crime of larceny from the person. Sections 798 and 799 set forth the punishments

to be imposed for first-degree and second-degree robbery. It should be noted, however, that section 798 has been impliedly repealed by sections 800 and 801, which set a lesser minimum penalty. James v. State, 97 Okl. Cr. 355, 264 P.2d 395 (1953); Ridgeway v. State, 54 Okl. Cr. 388, 22 P.2d 932 (1933).