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BROOKS v. STATE

No. 60, September Term, 1988.

314 Md. 585 (1989)

552 A.2d 872

DONALD BROOKS v. STATE OF MARYLAND.

Court of Appeals of Maryland.

February 3, 1989.

Attorney(s) appearing for the Case

Gary S. Offutt, Asst. Public Defender (Alan H. Murrell, Public Defender, both on brief) Baltimore, for petitioner.

Beverly Peyton Griffith, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief) Baltimore, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.

ADKINS, Judge.

We shall here hold that the evidence in this case was insufficient to establish that a lightweight toy plastic pistol was a deadly or a dangerous weapon within the meaning of Maryland Code (1987 Repl. Vol.) Article 27, § 488.1 The framework within which we reach this conclusion is straightforward.

On 22 December 1986 a Fotomat store in Baltimore City was robbed. The store clerk testified that the robber pulled...

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