DeBRULER, J.
This is an appeal from a conviction for First Degree Burglary, Acts 1941, ch. 148, § 4, being Burns Ind. Stat. Ann. § 10-701(a) in a trial by jury in the Allen Circuit Court. Appellant's sole contention is that the witness, Janet Mangona's identification of appellant was illegal because appellant did not have counsel present at the identification. The pertinent facts are as follows:
On November 4, 1967, at approximately 1:30 a.m. the...
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