Burke v. State

This is an appeal from convictions on two counts of aggravated assault, two counts of armed robbery, and one count of murder "with malice aforethought.” Appellant was sentenced to life on the murder charge, ten years on each of the armed robbery charges, and one year on each of the aggravated assault charges, all to run concurrently.

On December 14,1973, three men, appellant and two friends, drove to a small grocery store in Walker County. Appellant entered the store, asked the proprietor for a gas can, and then went outside to get the can. Appellant’s friends entered the store, one carrying a…