Commonwealth v. GarrettAnnotate this Case
After a jury trial, Defendant was convicted on three indictments charging armed robbery with a firearm while masked. Defendant used a BB gun to perpetrate each of the robberies. Defendant appealed, arguing that the evidence was insufficient to support his conviction. The Supreme Judicial Court vacated Defendant’s convictions for armed robbery by means of a firearm, holding that a BB gun does not satisfy the statutory requirement of a “firearm” within the meaning of the armed robbery statute. Remanded to the superior court for entry of judgments of guilt on the lesser included offense of unarmed robbery.