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Home / Opinion Digests / Criminal Practice / Criminal Practice – Attempted Armed Robbery – BB Gun – Jury Instructions – Lesser Included Offense (access required)

Criminal Practice – Attempted Armed Robbery – BB Gun – Jury Instructions – Lesser Included Offense (access required)

  At defendant’s trial for attempted armed robbery of a convenience store, a prosecution witness testified that defendant admitted to trying to rob the store but claimed that the “gun” was actually a BB gun painted black. Because of this testimony, the trial court erred when it denied defendant’s request for jury instructions on the lesser ...

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