Brooks v. State

ADKINS, Judge.

We shall here hold that the evidence in this case was insufficient to establish that a lightweight toy plastic pistol was a deadly or a dangerous weapon within the meaning of Maryland Code (1987 Repl.Yol.) Article 27, • § 488. 1 The framework within which we reach this conclusion is straightforward.

On 22 December 1986 a Fotomat store in Baltimore City was robbed. The store clerk testified that the robber pulled up his shirt and showed her “a gun” tucked into the waistband of his trousers. She gave him money from the cash register because she believed “[t]hat if I didn’t give him…