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433 S.W.2d 872

Dell v. Commonwealth

Court of Appeals of Kentucky

Decided November 8, 1968

Court of Appeals of Kentucky · decided 1968-11-08

Cited by 1 later decisions — most recently October 1972

1 state decisions

Relies on Merritt v. Commonwealth

Good law ✅— No negative treatment on recordhow we know

Decided 1968-11-08

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CLAY, Commissioner.

¶1Appellant was convicted of armed robbery and given a life sentence. The only alleged ground of reversal is that there was insufficient evidence to sustain the verdict. The issue is one of identification.

¶2The prosecution witness positively identified appellant at the trial and prior thereto, and picked him out of a police line-up. Appellant cites some of her testimony on cross-examination which shows that she did not know, or did not remember, a great many irrelevant details, such as how many doors she went through to go into police headquarters; how many chairs or desks were in the room; how long she was in the police station; whether or not other persons in the police line-up had blonde hair; what was the color of appellant’s shoes, etc. These matters may have affected her credibility but we cannot, as a matter of law, rule out her testimony positively identifying appellant. There was sufficient substantial evidence to support the verdict. See Merritt v. Commonwealth, Ky., 386 S.W.2d 727.

¶3The judgment is affirmed.

HILL, MILLIKEN, PALMORE, STEINFELD and WILLIAMS, JJ., concur.
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