BUTTS v. STATE

58603.

153 Ga. App. 464 (1980)

265 S.E.2d 370

BUTTS v. THE STATE.

Court of Appeals of Georgia.

Decided February 14, 1980.


Attorney(s) appearing for the Case

George M. Stembridge, Jr., for appellant.

Joseph H. Briley, District Attorney, Sallie Rich Jocoy, Assistant District Attorney, for appellee.


SOGNIER, Judge.

Butts was convicted in the Superior Court of Baldwin County of armed robbery. In Butts' first enumeration of error he contends the trial court erred by charging the jury that "the Courts have held that a cap pistol is a deadly weapon." This statement by the trial court requires reversal, thus a statement of the facts and discussion of other enumerations of error is not necessary.

After retiring for deliberation on a verdict, the jury asked...

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