STATE v. CLASSEN

TC 94958; CA 7262; SC 25703.

590 P.2d 1198 (1979)

285 Or. 221

STATE of Oregon, Respondent, v. Richard Harlen CLASSEN, Petitioner.

Supreme Court of Oregon, In Banc.

Decided February 13, 1979.


Attorney(s) appearing for the Case

Gary L. Hooper, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the brief was Gary D. Babcock, Public Defender, and Brian E. Williams, Law Clerk.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., W. Michael Gillette, Sol. Gen., and John W. Burgess, Asst. Atty. Gen.


LINDE, Justice.

Defendant was convicted of a burglary and theft at the home of Mrs. Barth. At trial, Mrs. Barth was unable to identify defendant, but a police officer testified that she had selected defendant's picture from a set of seven photographs shown to her seven months after the burglary. On appeal, defendant contended that the trial court should have suppressed this evidence because the circumstances of the pretrial photographic identification were so suggestive...

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