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STATE v. KENNEDY

No. 13919.

249 S.E.2d 188 (1978)

STATE of West Virginia v. James A. KENNEDY.

Supreme Court of Appeals of West Virginia.

November 21, 1978.

Attorney(s) appearing for the Case

Bogarad & Robertson, Martin S. Bogarad, William R. Kiefer, Weirton, for plaintiff in error.

Chauncey H. Browning, Atty. Gen., Stephen D. Herndon, Asst. Atty. Gen., Charleston, for defendant in error.

NEELY, Justice:

This is an appeal from a conviction of breaking and entering under W.Va.Code, 61-3-12 [1923]. The appellant, James A. Kennedy, contends that the circuit court erred by admitting into evidence an in-court identification of appellant based on an improper out-of-court identification. We agree and reverse.

Appellant Kennedy was convicted of breaking and entering Emig's Store in Wellsburg, West Virginia. At approximately 6:30 a. m. on November...

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