COMMONWEALTH V. DONAHUE
148 Mass. 529, 20 N.E. 171 (1889)
NATURE OF THE CASE: This was an appeal from a conviction for robbery.
FACTS: Donahue (D) had bought some clothes from Mitchelman for $21.55 and Mitchelman came
to D's house for payment. D offered $20 for the clothes. D took the $20 and stated that he
still wanted $1.55 more. D attacked Mitchelman and choked him, demanding his money back. D
continued in his attack until Mitchelman surrendered $29. D honestly believed that $20 was a
sufficient price for the clothes and demanded his money back, saying that Mitchelman had no
right to ask for additional sums. D was charged with robbery. The judge charged that if D
did the act, his honest belief was of no consequence. D was convicted. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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