Miller v. State

Pür Curiam. The appellants (Collins E. Miller and Warner Slater) were convicted of two armed robberies by the court sitting without a jury. Each of the appellants contends that the evidence was insufficient to convict him of the crimes charged. In the evening of November 24, 1959, the same parties committed two robberies with a deadly weapon within an hour and a half.

At about 7 o’clock the first robbery was perpetrated in a drugstore where $400, including some wrapped nickels and pennies, was stolen. The owner was able to identify Sylvester Miller (who was shot and killed as he fled from the scene of the second robbery) and Warner Slater as the actual holdup men. One of them pulled a mask—a lady’s silk stocking—over his head in the store. The other did not.

While Collins Miller was not specifically identified by any witness, there was evidence that three men were seen running from the scene of the first robbery; and there was further evidence that an automobile registered in his name and found near the scene of the second robbery contained a number of rolls of coins wrapped in the same manner as those which were stolen from the drugstore. At about 8:30 o’clock the owner of a liquor store was robbed of his wallet containing a $20 bill and identification papers and $200 in bills and coins. The owner was unable to identify either of the holdup men because their heads were obscured with silk stocking