(DOWNLOAD) "Commonwealth v. Ronald A. Howard" by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Ronald A. Howard
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 25, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
At the trial of an indictment for robbery while ""armed with a dangerous weapon,"" evidence that during the course of the crime the defendant had his right hand in his jacket and stated to the victim, ""Walk straight, look down, and don't try anything foolish or I'll pull the trigger,"" implying that he had a gun, was insufficient to warrant a jury finding, on the basis of a reasonable inference and beyond a reasonable doubt, that the defendant had a gun, where no gun was seen or found and where the defendant had no opportunity or reason to dispose of a weapon, if he had one, before the police suddenly arrived and arrested him. [607-611] O'Connor, J., Concurring; Nolan, J., Dissenting. The defendant was convicted of robbery while ""armed with a dangerous weapon."" G. L. c. 265, § 17, as appearing in St. 1952, c. 406, § 1. The evidence did not warrant a finding by the jury that the defendant in fact possessed any dangerous weapon. The only evidence concerning a gun was that, when the defendant approached the victim on Commonwealth Avenue in Boston, in the early hours of November 20, 1976, he had his right hand in his jacket, and he said, ""Walk straight, look down, and don't try anything foolish or I'll pull the trigger.""