Merritt v. Commonwealth

PALMORE, Judge.

At about 2:30 on the morning of November 20, 1963, a bandit displaying what appeared to be a pistol held up Mrs. Nellie Ruth Freeman, the lone waitress on duty at a cafe in Louisville. She reported the incident to the police at once and later on that: morning, from a “mug book” at police headquarters, pointed out Merritt, the appellant,, as the culprit. Subsequently she again identified him in a police “line-up.” He was then indicted for armed robbery, tried, convicted and sentenced to life imprisonment, KRS 433.140, from which disposition he prosecutes this appeal.

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