Please ensure Javascript is enabled for purposes of website accessibility
Home / Opinion Digests / Criminal Law / Subjective belief defendant had gun insufficient to convict (access required)

Subjective belief defendant had gun insufficient to convict (access required)

Appellant’s conviction of using a firearm while committing a robbery is reversed. The commonwealth’s evidence established that the store clerk only had a subjective belief that appellant had a gun or an object that had the appearance of a working firearm. Further, the court refused to give a clarifying jury instruction that from an objective ...