dissenting.
In 1968 the General Assembly in the revision of the Criminal Code omitted the words “or any replica, article or device having the appearance of such weapon,” relating to robbery by use of an offensive weapon. See Ga. Laws 1968, pp. 1249 and 1298. Subsequent to this date the Supreme Court in Pettiford v. State, 235 Ga. 622 (221 SE2d 43) (1975) upheld a conviction wherein the defendant was armed with a stick and a cap pistol. It is the opinion of the writer that the Supreme Court was upholding the ruling in Watts v. State, 142 Ga. App. 857, 859 (237 SE2d 231) (1977), using the following language: “ [I]f it reasonably appeared to the victim to be deadly, then the appellant should be held to the consequences of using a ‘deadly weapon.’ ” (Emphasis supplied.)
In the case of Fann v. State, 153 Ga. App. 634 (266 SE2d 307) (1980), a conviction of armed robbery by use of an offensive weapon was reversed, as a “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.’ ” In my opinion, the latter case is in conflict with and must yield to the holding in Pettiford, supra, and to the extent of this conflict should be disapproved.
In the case sub judice evidence was presented that appellant *11gave a note to the victim stating: “I have a gun. Don’t make a sound.” The victim testified that she saw the barrel of a pistol pointed at her by appellant. The victim appeared to be scared and delivered the money, as it appeared to her that the pistol was a deadly weapon and not a toy or cap pistol.
I respectfully dissent.