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Home / Opinion Digests / Criminal Practice / Criminal Practice  –  Attempted Armed Robbery – ‘Firearm’ – Air Gun & Pellet Rifle – Judge’s Remarks – Habitual Felon Stipulation (access required)

Criminal Practice  –  Attempted Armed Robbery – ‘Firearm’ – Air Gun & Pellet Rifle – Judge’s Remarks – Habitual Felon Stipulation (access required)

All the evidence showed that defendant’s weapons were an air pistol and a pellet rifle; thus, in order to submit the attempted armed robbery charge to the jury, there must have been evidence of the weapons’ capability to inflict death or seriously bodily injury. Because there was no such evidence, the trial court should have ...

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