People v. Miller
People v. Miller
Opinion of the Court
While walking home from work, around 1:30 a.m., December 14, 1968, Eugene Spangler was attacked and robbed of approximately $25 by a Negro man wearing a green jacket and a parka hood. Defendant Rohne Miller was convicted of the crime (unarmed robbery
Defendant’s principal contention is that his guilt cannot be reasonably inferred from the facts proven, and, therefore, he was not proven guilty beyond a reasonable doubt. From a review of the record, we conclude that this contention is without merit.
Eugene Spangler testified that although he was unable to discern his assailant’s facial features, he was “positively certain” the jacket worn by the defendant at the time of arrest was the jacket worn by his assailant. Spangler also testified, for reasons soon to become apparent, that he found a brown cloth glove lying on the ground immediately after his assailant fled. According to an eyewitness who saw the robbery from his front porch, some 35 feet away, the assailant was a Negro of substantially the same height and weight as the defendant, wearing a green jacket and a parka hood, with a dark-colored glove on his left hand but none on his right. The eyewitness
Although the evidence of gmilt is circumstantial, it is nevertheless sufficient to sustain the jury’s verdict. People v. Stoneman (1967), 7 Mich App 65. We find no error.
Defendant’s second contention — that the trial court erred in declining to give a proposed instruction dealing with the permissible limits of inferences and circumstantial proof — is equally without merit and requires no discussion. The instruction that was given clearly and fairly stated the law.
Affirmed.
MCLA § 750.530 (Stat Ann 1954 Rev §28.798).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.