OUJI-CR 4-143

CONJOINT ROBBERY - ELEMENTS

No person may be convicted of conjoint robbery unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, wrongful;

Second, taking;

Third, carrying away;

Fourth, personal property;

Fifth, of another;

Sixth, from the person/(the immediate presence) of another;

Seventh, by force/fear;

Eighth, committed by two or more persons.

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Statutory Authority: 21 O.S. 1991, §§ 791, 800.

Committee Comments

Conjoint robbery, created by section 800, is robbery as defined by section 791, except that two or more persons must participate in the commission of the crime. Roberts v. State, 66 Okl. Cr. 371, 92 P.2d 612 (1939); Simpson v. State, 40 Okl. Cr. 58, 266 P. 783 (1928). Robbery in the first degree and robbery in the second degree are lesser included offenses of conjoint robbery. Winfield v. State, 18 Okl. Cr. 257, 191 P. 609 (1920). Hence, the elements of conjoint robbery are identical to the elements of second-degree robbery, with the addition of the eighth element.