Miller v. State

Birdsong, Chief Judge.

Appellant was convicted of burglary and aggravated assault with the intent to commit murder. The evidence showed that the victim returned to her hotel room at approximately 10:30 in the evening only to find a man standing in her bathroom with a rope in his hands stretched from shoulder to shoulder. The victim screamed and the perpetrator ran past her and out of the room. After appellant’s arrest, the victim identified him from a photographic lineup. Appellant appeals his conviction enumerating two errors. Held:

1. Appellant contends it was error for the trial court to…