People v. Miller

Joseph Graber, an operator of a retail liquor store in Brooklyn, was killed by one blast from a shotgun during *154an attempted robbery of the liquor store. The defendant and one James A. Jordan were indicted and tried for the crime. At the trial it was established that defendant fired the fatal shot.

The jury returned verdicts of guilty of the crime of murder in the first degree (felony murder) against both defendants. As to Jordan, the jury recommended leniency, and he was subsequently sentenced to life imprisonment. Defendant-appellant, however, received no such recommendation, and was…