Choate v. State

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…