KELLY v. STATE

No. 977S722.

379 N.E.2d 963 (1978)

Willie D. KELLY, Jr., Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

August 28, 1978.


Attorney(s) appearing for the Case

Stephen M. Sims, Robert S. Bechert, Deputy Public Defender, Fort Wayne, for appellant.

Theodore L. Sendak, Atty. Gen., Alembert W. Brayton, Deputy Atty. Gen., Indianapolis, for appellee.


HUNTER, Justice.

The defendant, Willie D. Kelly, Jr., was convicted by a jury of commission of a felony while armed, to-wit: robbery, Ind. Code § 35-12-1-1 (Burns 1975), and sentenced to thirty years' imprisonment. This direct appeal raises the following issues:

1. Whether the trial court erred in permitting testimony about the out-of-court identification of the defendant by the prosecuting witness;

2. Whether the trial court erred in overruling...

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