MILLER v. STATE

SC 353.

279 So.2d 115 (1973)

Mack Bride MILLER v. STATE of Alabama.

Supreme Court of Alabama.

Rehearing Denied June 21, 1973.


Attorney(s) appearing for the Case

Orzell Billingsley, Jr., Birmingham, for appellant.

William J. Baxley, Atty. Gen. and David W. Clark, Asst. Atty. Gen., for the State.


FAULKNER, Justice.

It was a cold November afternoon in the home of the elderly Burgess brothers, located near Coalfire, Pickens County, Alabama. Harvey was warming himself by the heater, and Leonard was sleeping on a bed. Two men, one described as black and the other as "yellow", knocked on the door and asked to be let in to get warm. Shortly thereafter, the two men broke a chair over Harvey's head. When he came to, the men, $50 from his pocket, and $3 from his brother...

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