Legal Opinion

Choate v. State

Court of Appeals of Georgia

Decided March 13, 1981No. 61302PublishedCited by 14 opinions

1Opinion of the Court

Banke, Judge.

The appellant was convicted of armed robbery by use of an offensive weapon. The only issue presented on appeal is the trial court’s determination, and his charge to the jury, that a toy gun is an offensive weapon within the meaning of Code Ann. § 26-1902. Held:

It is uncontroverted that the robbery was committed with a toy cap pistol. The state introduced the cap pistol in evidence, along with evidence showing that it had been found in the appellant’s car shortly after the robbery. In pretrial statements to police, the appellant referred to the “toy gun” he had used in the…

2Cases cited2 opinions

  1. Pettiford v. StateSupreme Court of Georgia · 1975
  2. Fann v. StateCourt of Appeals of Georgia · 1980

3Cited by14 opinions

  1. Adsitt v. StateSupreme Court of Georgia · 1981
  2. Prater v. StateSupreme Court of Georgia · 2001
  3. In the Interest of A. F.Court of Appeals of Georgia · 1999
  4. Hicks v. StateCourt of Appeals of Georgia · 1997
  5. Meminger v. StateCourt of Appeals of Georgia · 1981

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