Vanbuskirk

Defendant George Vanbuskirk was charged with one count of robbery and one count of burglary, both counts arising out of the same event. After a jury trial, defendant was found guilty on both counts; the jury found each offense to be of the first degree. Defendant was sentenced to prison; execution of sentence on count II was suspended.

Facts

At about 9 p.m. on August 15, 1974, a robbery occurred at a 7-11 Store. The three chief prosecution witnesses were in the store at the time of the robbery: Robert King, age 18, who was working in the store; Kevin Ferguson, age 17, who was helping him; and Dale Homing, age 14, who had come by to visit them. King was behind the cash register, Horning was to his left, several inches away, and Ferguson was seated in a chair in the cash register area behind them about two feet away.

A number of customers were waiting to check out at the register. King first observed the robber when he approached Ferguson and asked him for a cigarette. During a period of about 15 to 20 minutes, the robber shopped, picking up items which he brought to the cash register and counter area. After several trips, the robber got in line to check out and when he…