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Appeals court weighs sufficiency of evidence and jury-instruction questions in gun-possession appeal
Summary
Argument in Commonwealth v. Encarnacion concerned whether evidence and jury instructions proved absence of a firearm license, and whether retrial would be barred by double jeopardy.
The Appeals Court heard argument in Commonwealth v. Encarnacion on whether a conviction for unlicensed possession of a firearm can stand when the trial record lacked a jury instruction tying the defendant’s age to the legal inability to obtain a license.
Dennis Toomey, representing SkyZen Encarnacion, urged the court to reverse on sufficiency grounds, saying the jury never had the legal framework to conclude the defendant…
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