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Commonwealth v. Powell

Supreme Court of Massachusetts

742 N.E.2d 1061 (2001)

Relevant factsFree

Walter Powell (defendant) robbed a convenience store cashier, Theresa Campbell, claiming he had a gun and would shoot her while patting an object under his jacket that appeared gun-shaped; police later recovered a wooden replica double-barrel shotgun near the store, which Campbell identified as Powell's. Powell was convicted of armed robbery after the jury was instructed that a replica weapon counts as a dangerous weapon if the victim reasonably believed it was real and capable of causing serious injury or death; he appealed that instruction.

IssueFree

Whether, for purposes of armed robbery, a replica or fake weapon is a dangerous weapon if the victim reasonably believes that the object is real and capable of causing serious bodily injury or death.

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