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CRANE v. COM.

690 S.W.2d 753 (1985)

Major CRANE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

As Corrected March 1, 1985.

Rehearing Denied June 13, 1985.

Attorney(s) appearing for the Case

Frank W. Heft, Jr., Chief Appellate Defender of the Jefferson Dist. Public Defender, J. David Niehaus, Deputy Appellate Defender, Louisville, for appellant; Daniel T. Goyette, Deputy Appellate Defender, Louisville, of counsel.

David L. Armstrong, Atty. Gen., John S. Gillig, Asst. Atty. Gen., Frankfort, for appellee.

GANT, Justice.

Appellant was convicted of wanton murder of the clerk of a liquor store during a robbery, and sentenced to 40 years imprisonment. The single issue on this appeal concerns a confession by the appellant, and poses a question of first impression.

Prior to trial, appellant moved to suppress his confession pursuant to RCr 9.78, which reads:

Rule 9.78. Confessions and searches — Suppression of evidence. — If at...

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