Miller v. State

Freddie Lamar Miller was indicted for robbery in the first degree, in violation of § 13A-8-41, Code of Alabama 1975. The jury found the appellant "guilty of Robbery, Third degree" and the trial judge set sentence at four years' imprisonment in the penitentiary.

Betty Lou Whittaker testified she was employed by the Home Oil Company on the morning of July 9, 1982, and was working at one of its stations that morning. At approximately 3:45 a.m., she was inside the store while her cousin by marriage, Barney McKenzie, was outside by the gasoline pumps. Sometime thereafter, a black male wearing…