The State, Fann, the defendant, pointed a starter gun at the victim during a robbery. Like the cane Burr used during the coin robbery, the starter gun Fann used could not fire a harmful projectile towards the victim, but was surprisingly similar to a real gun. Additionally, Fann pointed his gun at the victim, but did so in a manner that did not indicate an intent to strike the victim with the object. This point also fits with how Burr used the cane to signal Mr. Shopkeeper to enter the closet, rather to indicate some sort of intention to strike Mr. Shopkeeper and inflict injury on him. The trial court initially found Fann guilty of armed robbery, but on appeal the court found that the starting gun used by Fann was not used as an offensive weapon, thus overturning his conviction for armed robbery . In a later but similar case, Choate v. State, Choate robbed a bank with a toy gun, pointing the gun at the bank teller in the bank line. Like Fann's starter gun, a toy gun is virtually harmless when fired. The Court of Appeal agreed with Choate and, after referring to the precedent set out in Fann v. State, concluded that Choate's original conviction for armed robbery should be overturned. This is another Georgia robbery case that provides insight into how the court will likely reframe Burr's gun conviction.