Uploaded March 2025 | Updated September 2026, 2 weeks ago
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State v. Sein
Supreme Court of New Jersey
590 A.2d 665 (1991)
Larceny is the trespassory taking and carrying away of another person's personal property with the intent to steal it. Robbery includes all the elements of larceny with two additional elements.
First, the defendant must carry the stolen property away in the presence of another. And second, the defendant must accomplish the theft by using force or putting the victim in fear of bodily injury.
In State versus Sein, the court considered what degree of force is necessary to turn an act of larceny into robbery.
Edith Williams was carrying a purse under her arm and unlocking her car door when Francisco Sein walked up behind her, reached across her, and slid the purse out from under her arm before Williams had time to react.
Sein then ran away with Williams' purse.
Sein was charged with robbery.
At trial, Sein moved for summary judgment of acquittal, arguing that the purse snatching didn't involve enough force to constitute robbery. Instead, Sein argued that he was guilty of the lesser offense of larceny from the person. The trial court denied Sein's motion, and he was convicted.
The appellate division reversed Sein's robbery conviction, and the state appealed to the New Jersey Supreme Court.
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Get more case briefs explained with Quimbee. Quimbee has over 42,700 case briefs (and counting) keyed to 988 casebooks ► quimbee.com/case-briefs-overview
State v. Sein
Supreme Court of New Jersey
590 A.2d 665 (1991)
Larceny is the trespassory taking and carrying away of another person's personal property with the intent to steal it. Robbery includes all the elements of larceny with two additional elements.
First, the defendant must carry the stolen property away in the presence of another. And second, the defendant must accomplish the theft by using force or putting the victim in fear of bodily injury.
In State versus Sein, the court considered what degree of force is necessary to turn an act of larceny into robbery.
Edith Williams was carrying a purse under her arm and unlocking her car door when Francisco Sein walked up behind her, reached across her, and slid the purse out from under her arm before Williams had time to react.
Sein then ran away with Williams' purse.
Sein was charged with robbery.
At trial, Sein moved for summary judgment of acquittal, arguing that the purse snatching didn't involve enough force to constitute robbery. Instead, Sein argued that he was guilty of the lesser offense of larceny from the person. The trial court denied Sein's motion, and he was convicted.
The appellate division reversed Sein's robbery conviction, and the state appealed to the New Jersey Supreme Court.
Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: quimbee.com/cases/state-v-sein
The Quimbee App features over 42,700 case briefs keyed to 988 casebooks. Try it free for 7 days! ► quimbee.com/case-briefs-overview
Have Questions about this Case? Submit your questions and get answers from a real attorney here: quimbee.com/cases/state-v-sein
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Subscribe to our YouTube Channel ► youtube.com/subscription_center?add_user=QuimbeeDotCom
Quimbee Case Brief App ► quimbee.com/case-briefs-overview
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