Butts v. State

Sognier, Judge.

Butts was convicted in the Superior Court of Baldwin County of armed robbery. In Butts’ first enumeration of error be contends the trial court erred by charging the jury that "the Courts have held that a cap pistol is a deadly weapon.” This statement by the trial court requires reversal, thus a statement of the facts and discussion of other enumerations of error is not necessary.

After retiring for deliberation on a verdict, the jury asked the court under what circumstances a toy pistol would be considered an offensive weapon or a deadly weapon. The effect of the above quoted…