Atlanta, GA asked in Criminal Law for Georgia

Q: Should a indictment 1 count of Arm robbery and with no other underlying offenses been objected to by defend counsel

Is an indictment that charges Arm robbery without charging a weapon fatally defective

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Glenn T. Stern
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Answered

A: The answer is maybe. It's not a question that's easily answered without actually being able to read the indictment or knowing the actual facts of the case. But, for example, in Georgia a person can be convicted of armed robbery if the victim reasonably believed that the person did in fact have a weapon. (For example-someone putting their hand in their pocket and pointing their finger and saying "I have a gun")

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