State v. Bailey

HUSKINS, Justice.

The trial judge instructed the jury that “a .22 caliber pistol is a firearm.” Defendant contends the court thus told the jury, in effect, that defendant used a firearm in the commission of the robbery, thereby relieving the State of the burden of proving an essential element of armed robbery. This is defendant’s first assignment of error.

There is no merit in this assignment. The instruction merely informed the jury that a .22 caliber pistol is, in fact, a firearm and should the jury find that defendant used a .22 caliber pistol on the occasion in question then such a weapon…