Commonwealth v. Cruz
Massachusetts Appeals Court
809 N.E.2d 1100 (2004)
Relevant factsFree
Cruz (defendant) shoplifted jeans unarmed, and when plain-clothed store security guards followed him into the parking lot and tried to forcibly subdue him, he threatened them with an imaginary gun he didn't actually have, testifying he believed they were trying to rob him; the judge refused Cruz's request for a self-defense instruction, and the jury convicted him of unarmed robbery and armed assault, though the judge later dismissed the robbery indictment post-verdict on the theory the threatened force was too disconnected from the earlier shoplifting.
IssueFree
Whether it is for the jury to determine whether a defendant used actual or threatened force to commit or complete a robbery.