Commonwealth v. Jones
Virginia Supreme Court
591 S.E.2d 68 (2004)
Eric Jones (defendant) entered a shoe store, walked up and down several aisles, put a pair of boots in his pants, and walked out of the store. The store manager, who watched Jones take the boots, approached Jones in the store’s parking lot and asked him to return the boots. Jones denied taking the boots and then drew a pistol from his jacket, pointed it at the manager, and threatened to kill him. The manager ran and hid behind a parked car. Jones fled. The Commonwealth of Virginia (plaintiff) charged Jones with robbery and the use of a firearm in the commission of robbery. At trial, Jones argued that he did not commit robbery because he did not use force or intimidation to remove the boots from the store. The prosecution claimed that although Jones initially intended to commit larceny by taking the boots, his intention changed to robbery once Jones produced the firearm to prevent the manager from interfering with Jones’s asportation of the property. The court convicted Jones, and he appealed. The court of appeals reversed. The Supreme Court of Virginia granted certiorari.
Rule of Law
Holding and Reasoning (Stephenson, J.)
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