Commonwealth v. Stephens
Court: Massachusetts Appeals Court; October 4, 1982; Massachusetts; State Appellate Court
On December 6, 1973, the defendant and Louis Marchione committed a robbery at a Malden drugstore. Marchione threatened the pharmacist with a gun, demanding that he fill a pillowcase with drugs. The police arrived while Marchione was verbally threatening the pharmacist, who was lying on the floor and complying with the demand. The defendant argued that there was no evidence of control transfer over the pills from the pharmacist to Marchione. However, the court referenced Commonwealth v. Flowers, establishing that asportation occurs when goods are transferred from the victim's control to the robber's. It was determined that the manner of transfer is irrelevant; even if the victim acts under duress, the act constitutes robbery. The court cited precedents indicating that physical possession by the robber is not necessary for the crime to be complete. The jury could reasonably conclude that the pharmacist, coerced at gunpoint, transferred control of the pills to Marchione when he placed them in the pillowcase. The judgment was affirmed.