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Criminal Law Keyed to Weaver
Commonwealth v. Henson
Citation:357 Mass. 686, 259 N.E.2d 769 (1970)
Finochio, an off duty police officer, not in uniform was at a gas station; however, he was armed with his service revolver. Henson and a companion entered the station and the companion used profane language. Finochio asked Henson to keep the companion quiet. Henson drew a gun and aimed it at Finochio and said “Why should I” and Finochio said “No reason at all.” Finochio described that the thought he was done for. Henson turned to walk out and Finochio drew his service revolver and stated that he was police and for Henson to put his hands up. Finochio turned and fired two shots. Further shooting ensued. Nothing hit Finochio and no bullets were retrieved. Before entering the station Henson took the revolver from his companion, noticed it was loaded, inspected the bullets, and noticed that all of the bullets were blanks. Finochio fired backhand hit Henson once.
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