Miller v. State

Appellant was indicted for the first degree robbery of $162.00 from Jean Starling by use of a deadly weapon, a shotgun. Appellant waived the reading of the indictment at arraignment and pled not guilty. The case was tried before a jury and appellant was found guilty. Following a presentencing investigation, the trial court sentenced appellant to imprisonment in the State penitentiary for ten years. Appellant filed notice of appeal and a motion for new trial. The court denied the motion for new trial and this appeal followed.

At the close of the State's case, appellant moved to exclude the…