Daughtery v. State

SPECTOR, Chief Judge.

Appellant seeks reversal of a judgment of conviction of armed robbery. On March 25, 1970, some hoys entered the Kassees Grocery Store in Jacksonville, Florida. The boys returned a second and a third time. Sam Kassees testified at trial that during their third visit to the store, appellant pulled a gun and took around fifty dollars from him.

Also at trial, one LeRoy McDonald testified that prior to the robbery he saw the appellant and two others about a block from the grocery store. Appellant had a gun in his hip pocket. McDonald stated that he went up to the group and that…