Bush v. State

The appellant (along with two other defendants who did not appeal) was convicted of armed robbery by the court sitting without a jury. The claim is that the evidence was insufficient to sustain the conviction because the appellant was not properly identified. The contention as to identity was based on the fact that the appellant was identified in open court by the witnesses as he sat with the co-defendants, who had been called by their names, advised to stand, and then to be seated.

The operator of a grocery store and his wife were held up at the point of a gun by the appellant while one of…