457 S.W.2d 848 (Ark. 1970), 5515, Miller v. State

Docket Nº:5515.
Citation:457 S.W.2d 848, 249 Ark. 3
Opinion Judge:[12] The opinion of the court was delivered by: Lyle Brown, Justice.
Party Name:Lloyd D. MILLER, Appellant, v. STATE of Arkansas, Appellee.
Attorney:[10] H. Clay Robinson, for appellant. [11] Joe Purcell, Attorney General; Milton R. Leuken, Asst. Atty. Gen., for appellee.
Case Date:September 21, 1970
Court:Supreme Court of Arkansas
 
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Page 848

457 S.W.2d 848 (Ark. 1970)

249 Ark. 3

Lloyd D. MILLER, Appellant,

v.

STATE of Arkansas, Appellee.

No. 5515.

Supreme Court of Arkansas.

September 21, 1970.

H. Clay Robinson, Ft. Smith, for appellant.

Joe Purcell, Atty. Gen., Milton R. Luekin, Asst. Atty. Gen., Little Rock, for appellee.

BROWN, Justice.

Appellant Lloyd D. Miller was convicted of robbery and the jury imposed the maximum punishment of twenty-one years. For reversal appellant contends he was forced to trial in prison garb after being denied the opportunity to obtain civilian clothing. He also attacks as prejudicial certain closing remarks of the deputy prosecuting attorney.

The State offered uncontroverted proof that appellant waited in the home of the prosecuting witness until she arrived after closing her business around 8:00 p.m.; that she was knocked to the floor by being struck with the stock of a shotgun and in other respects roughly treated; that appellant obtained approximately $700 from the witness; and that after his unsuccessful attempt to start her car, appellant left the premises. No evidence was offered to refute any of the summarized testimony.

[249 Ark. 4] Appellant was transferred from the penitentiary to the Pulaski County jail on the afternoon preceding the trial. The record shows that appellant and his court-appointed counsel met with the trial judge in chambers just before time for trial.

The Court: Case No. 69173, State of Arkansas v. Lloyd Miller. The charge

Page 849

is robbery. I believe Mr. Robinson wants to make a statement here in chambers. You may proceed.

Mr. Robinson: For the record, you will note that they have sent Lloyd Miller up here from the penitentiary in prison clothes. He got in yesterday afternoon in prison clothes and he is still dressed in prison clothes. He hasn't had a chance to get any other kind to wear. The prison didn't furnish any. You can readily tell they are prison clothes with his number on. I think the court can see the numbers.

The Court: I can see the numbers, but I haven't got a shirt I can let him have.

Mr. Robinson: It is on his pants, too. I see no way he can have a fair trial. It's just like telling the jury he has a previous conviction. Well, in fact, he has.

The Court: Overruled.

Mr. Robinson: Your Honor, let me make my motion.

The Court: I'm certainly not going to dress him.

Mr. Robinson: I'm not asking the Court to dress him, but some arrangement should be made. I have been appointed in this case and--

The Court: I'm not going to dress him. I don't think he is entitled to that.

Mr. Robinson: To what?

[249 Ark. 5] The Court: To have his clothes taken off--I mean to have the numbers...

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