MYERS v. COMMONWEALTH


499 S.W.2d 277 (1973)

Artle K. MYERS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

As Modified on Rehearing September 28, 1973.


Attorney(s) appearing for the Case

Raymond Francis Connell, Paris, for appellant.

Ed Hancock, Atty. Gen., J. T. Frankenberger, Asst. Atty. Gen., Frankfort, Harris Rhodes, Commonwealth Atty., Stanford, for appellee.


GARDNER, Commissioner.

Artie K. Myers, appellant, was convicted of armed robbery and sentenced to life imprisonment. His principal ground for reversal surrounds an alleged tainted identification of appellant.

J. B. Strange, the proprietor of an antique shop near Nicholasville, Kentucky, was in his store at 11:30 a. m. when two men entered under the pretense of prospecting for antiques. One of the men shoved a pistol in Strange's back, saying "This is a stick...

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