State v. Miller

Defendant, Gerald Miller, appeals from a conviction by a jury of armed robbery. ORS 163.280.

Defendant’s brother, Ronald Miller, was identified as an armed robber who held up the clerk in a Plaid Pantry store. An acquaintance of the defendant testified that she and her husband went to the store on the evening of the robbery. As her husband approached the store, she saw defendant, who she positively identified, standing outside. She saw defendant wave, possibly indicating her husband’s presence to someone inside the store, and the man later identified as Ronald Miller, with a bag and a gun in…