Commonwealth v. McGheeAnnotate this Case
After a jury trial, Defendant was convicted on two counts of confining or putting any person in fear for the purpose of stealing from a building, bank, safe, vault or other depository of money in violation of Mass. Gen. Laws ch. 265, 21. The Supreme Judicial Court vacated Defendant’s convictions and remanded for a new trial, holding (1) the facts supported a finding that Defendant, who together with another man intimidated victims into withdrawing funds from an ATM machine and handing those funds over to Defendant and his coventurer, had the purpose required by section 21; but (2) the trial judge erred by failing to conduct further inquiry into credible information that one of the jurors had slept through a significant portion of the trial. Remanded for a new trial.