Simmons v. Commonwealth

DAVIS, Commissioner.

Kenneth Simmons was found guilty of robbery and his punishment fixed at imprisonment for ten years by a jury’s verdict. He appeals from the judgment entered upon the verdict, asserting that (1) the verdict of the jury is not supported by the evidence, and (2) the identification of appellant by the prosecuting witness was had in such “suggestive” circumstances as to amount to a denial of due process.

At about 2 a. m. on August 14, 1969, a man rang the doorbell seeking admittance to the King Motel in Ashland. Ernest Broughton, the night clerk at the motel, answered the bell…