255 N.E.2d 101 (Ind. 1970), 1168S192, Hilligoss v. State

Docket Nº:1168S192.
Citation:255 N.E.2d 101, 253 Ind. 443
Party Name:Gilbert Gerald HILLIGOSS, Appellant, v. STATE of Indiana, Appellee.
Case Date:February 05, 1970
Court:Supreme Court of Indiana
 
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Page 101

255 N.E.2d 101 (Ind. 1970)

253 Ind. 443

Gilbert Gerald HILLIGOSS, Appellant,

v.

STATE of Indiana, Appellee.

No. 1168S192.

Supreme Court of Indiana.

February 5, 1970

Page 102

Henry P. Schrenker, Public Defender (Trial Court), Anderson, for appellant.

Theodore L. Sendak, Atty. Gen. of Indiana, Curtis C. Plopper, Deputy Atty. Gen., Indianapolis, for appellee.

GIVAN, Judge.

This is an appeal from a conviction of the offense of armed robbery. Trial was by jury resulting in a verdict of [253 Ind. 444] guilty. Appellant assigns as error in this Court the overruling of his motion for a new trial.

The record in this case discloses the following:

At about 11:00 P.M. on the night of September 29, 1967, one Agnes B. Good, the prosecuting witness, who was the owner and manager of A. Good Package Liquor

Page 103

Store in Anderson, Indiana, was preparing to close the store when a man later identified by her as the appellant came in and purchased a half pint of whiskey. He paid for his purchase, walked toward the door, then abruptly swung around and pointed a gun at Mrs. Good. He ordered her into the wash room at the back of the store where he closed the door and ordered Mrs. Good to remain. Mrs. Good testified that there were bells at the front door which rang when someone went in or out. She said she heard the bell ring twice while she was in the back room.

After the bell rang the second time, Mrs. Good came out of the wash room and saw William E. Turner standing in the store. She went to the cash register and determined that all of the paper money was gone; only some change remained in the drawer.

Mr. Turner testified that when he came in the store another man was there. He testified that this man opened the cash register. Mr. Turner stated that he did not actually see the man remove money from the register. The man then walked out the front door. Shortly after this Mrs. Good appeared pale and shaking.

Mrs. Good testified that she closely observed the appellant for a period of a few minutes; that she was making a conscious effort to notice the color of his hair and facial features and his approximate height and weight. Based upon this she made a positive identification of the appellant in the court room as the person who had ordered her into the back room of her store and who had been in the store at the time the money was missing from the...

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