United States v. Smith

Summary

Adam Smith was convicted of robbery for extorting $700 from Josefa Garcia and Pedro Ralla by falsely representing himself as a detective with authority to arrest them. The Supreme Court affirmed, rejecting the defense argument that variance between the complaint's allegation of December 1902 commission and proof showing January 1903 commission was fatal. The Court held that time was not material to the offense and evidence was sufficient if the crime occurred within the statute of limitations before the action commenced. The Court also distinguished robbery from estafa, finding that defendant's intimidation and threats constituted robbery with intimidation rather than mere deceit, citing Spanish jurisprudence that intimidation excludes the free exercise of will characteristic of estafa.