Fann v. State

Banke, Judge.

This appeal is from appellant’s conviction of armed robbery by use of an offensive weapon. The evidence presented by the state established that the weapon used in the robbery was a starter’s pistol designed for and capable of producing a noise but incapable of firing a missile of any kind. It was described by a detective testifying for the state as being "quite harmless.”

Appellant moved for a directed verdict contending that the weapon as used was not "offensive” within the meaning of Code Ann. § 26-1902. He concedes on appeal, as he did during his motion below, that the evidence…