Garner v. State

GIVAN, Chief Justice.

The trial court, sitting without a jury, found appellant, Merle Garner, guilty of armed robbery pursuant to IC 35 — 42—5—1. He was also charged with, but not convicted of, being an habitual criminal.

The facts are as follows:

On the evening of November 15, appellant entered a small private social club. The club was not particularly exclusive and if one were known he could gain admit tance. The persons attending the club could engage in illegal games of chance.

After drinking a beer, appellant fired a warning shot and announced his intention to rob the club and the “members”…