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NIEMEYER v. COMMONWEALTH

533 S.W.2d 218 (1976)

Joseph Edward NIEMEYER and Leroy D. Tolbert, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

February 6, 1976.

Attorney(s) appearing for the Case

Jack Emory Farley, Public Defender, Vincent D. Giovanni, Asst. Public Defender, Frankfort, for appellants.

Ed W. Hancock, Atty. Gen., Carl T. Miller, Jr., Asst. Atty. Gen., Frankfort, for appellee.

PALMORE, Justice.

The appellants, Niemeyer and Tolbert, were tried and convicted of rape and their sentences fixed at life imprisonment. The only serious question presented by their appeal concerns the admission of testimony elicited by the Commonwealth's Attorney during his questioning of the prosecutrix, the arresting officer and the appellants, and comments made during his closing argument.

Niemeyer and Tolbert were among a group of men who participated...

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