What is this plant called or is it poisonous

Question

Growing in my garden but set by birds I assume

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Answer 1

This is one of many plants in the Solanum, or nightshade, family. This will include tomatoes and potatoes. With the exception of a few, ALMOST ALL are VERY TOXIC and can kill humans.

It is best to rid your garden of these, and make sure to keep them out of reach of children or pets.