Mays v. THE STATE

Pope, Judge.

Defendant James Edward Mays was tried and convicted of two counts of armed robbery for the hold-up of two convenience stores on the evening of May 21, 1989. We affirm.

1. Defendant argues he was entitled to directed verdict of acquittal in regard to one of the counts because the evidence was insufficient to show he committed the crime by use of an offensive weapon. No pistol was found on defendant or in the automobile from which he fled before he was arrested. Instead, a toy gun was found on the floor of the car. Although the store clerk who was the victim of the crime testified it…