FANN v. STATE

59504.

153 Ga. App. 634 (1980)

266 S.E.2d 307

FANN v. THE STATE.

Court of Appeals of Georgia.

Decided February 27, 1980.


Attorney(s) appearing for the Case

Charles A. Aultman, for appellant.

Stephen Pace, Jr., District Attorney, for appellee.


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...

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