State v. Fugate

The defendant, Herbert Lee Fugate, appellant herein, was tried by a jury and convicted of armed robbery and first degree murder. From the judgment and sentence thereupon entered by the Court of Common Pleas of Montgomery County, Fugate has perfected an appeal to this court.

On April 15, 1971, the appellant entered the Point Garage located at the intersection of Hamilton and Mc-Lain Streets with a loaded sixteen-guage shotgun. In the process of robbing the owner of the garage, Sylvester Lein-gang, Fugate struck him on two different occasions with the barrel of the shotgun, causing severe head…