State v. Tolliver

SHANGLER, Presiding Judge.

The defendant was convicted on two counts of felonious assault with malice aforethought upon the Erganians, husband and wife, and was sentenced to consecutive terms of twelve and twenty-five years imprisonment.

The victims testified they were shot in a robbery attempted against them as they closed their grocery store on the night of January 1,1976. The assailant was masked and so neither was able to make identification. They did testify, however, that the man who shot them was of the same stature and gait as the defendant. The principal witness for the prosecution was…