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BRUCE v. COMMONWEALTH

441 S.W.2d 435 (1969)

William Jacob BRUCE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

May 16, 1969.

Attorney(s) appearing for the Case

William C. Morton, Gordon, Gordon & Logan, Carroll Morrow, Moore, Morrow & Frymire, Madisonville, for appellant.

John B. Breckinridge, Atty. Gen., Howard E. Trent, Jr., Asst. Atty. Gen., Frankfort, for appellee.

CLAY, Commissioner.

Appellant was convicted of the crime of rape and was given a life sentence without benefit of parole. A prior conviction of the same offense was set aside because of evidence introduced which had been obtained by an illegal search. Bruce v. Commonwealth, Ky., 418 S.W.2d 645. On this appeal the only claimed errors relate to two items of evidence.

The prosecuting witness positively identified appellant...

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