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KELLEY v. COMMONWEALTH

474 S.W.2d 63 (1971)

William Hayden KELLEY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

November 19, 1971.

Attorney(s) appearing for the Case

Michael R. Dowling, Diederich & Hermansdorfer, Ashland, for appellant.

John B. Breckinridge, Atty. Gen., Douglas Johnson, Asst. Atty. Gen., Frankfort, for appellee.

VANCE, Commissioner.

The appellant was convicted of the offense of armed robbery and his punishment was fixed by a jury at confinement in the penitentiary for a period of ten years. KRS 433.140. He asserts the following grounds for reversal of the judgment on this appeal:

(1) The in-court identification of appellant was tainted by reason of the pretrial identification of appellant in a lineup conducted without counsel.

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