(Download) "Guyward Wayne Miller v. State Alabama" by Supreme Court of Alabama # eBook PDF Kindle ePub Free
eBook details
- Title: Guyward Wayne Miller v. State Alabama
- Author : Supreme Court of Alabama
- Release Date : January 29, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
FAULKNER, Justice. If a social censurer ever sought a person to give a testimonial against the sensuous delights of wine, women and song, Michael Ray Foust, age 29 years, of Decatur, Alabama, may be a likely prospect. Mr. Foust attended a party on the evening of January 16, 1971, seven-thirty-ish, at the mobile home of June Reynolds, located at Chandler's Trailer Park, Cullman, Alabama. There were several men and women guests in attendance. Drinks, dancing, crap shooting, and strip poker, inter alia, were the diversive merriments the guests enjoyed as they relaxed from the week's labor just completed. It was Saturday night. Mr. Foust had some drinks, faded some dice players, danced, played cards, and with the assistance of a pill called jar dropped in his drink, he became anesthetized in one of the bedrooms of the 12' x 60' mobile home. While physically insensible, Foust was rolled, to use vernacular language. He testified he awoke around 4:30 A.M. the following day when a train came by; that he felt as though there were birds flying around in his head; he couldn't see; his eyes wouldn't focus; he couldn't read a newspaper; the world was blurry. Foust testified that he was robbed of $550.00 cash ($50.00 of which he had won in the crap game), a cashier's check payable to his employer in the amount of $5,580.00; his driver's license, social security card, State National Bank Credit Card, Bank Americard, K-Mart, and Standard Oil credit cards, his library card, pictures of his wife and two children, and two diamond rings which he wore on his fingers, having a combined value of approximately $800.00. The defendant, Guyward Wayne Miller, whom Foust had known for thirteen or fourteen months, and who was also present at the party, was indicted for robbery by the Grand Jury of Cullman County. He was convicted of grand larceny by the petit jury who heard the case on a plea of not guilty. He was sentenced to ten years in the State penitentiary. Miller appealed from the conviction and sentence to the Court of Criminal Appeals on the grounds that the testimony of accomplice Wanda Richter was not sufficient to corroborate the testimony of accomplice Pam Barnes, and that the testimony of June Reynolds and Jane Reynolds was insufficient to corroborate the testimony of accomplices Pam Barnes and Wanda Richter, and therefore the case should have not been submitted to the jury on his motion to exclude the evidence.