STATE v. FUGATE

No. 3905.

36 Ohio App. 2d 131 (1973)

THE STATE OF OHIO, APPELLEE, v. FUGATE, APPELLANT.

Court of Appeals of Ohio, Montgomery County.

Decided January 18, 1973.


Attorney(s) appearing for the Case

Mr. Lee C. Falke, prosecuting attorney, and Mr. Walter Dodsworth, for appellee.

Mr. James E. Cross, for appellant.


KERNS, J.

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 McLain Streets with a loaded sixteen-guage shotgun. In the process of robbing...

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