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STATE v. NUNES

444 P.2d 542 (1968)

STATE of Oregon, Respondent, v. Larry Joseph NUNES, Appellant.

Supreme Court of Oregon, Department 1.

Decided August 23, 1968.

Attorney(s) appearing for the Case

Oscar D. Howlett, Portland, argued the cause and filed the brief for appellant.

Ronald D. Thom, Deputy Dist. Atty., Oregon City, argued the cause for respondent. With him on the brief were Roger Rook, Dist. Atty., and Richard F. Crist, Deputy Dist. Atty., Oregon City.

Before PERRY, C.J., and McALLISTER, O'CONNELL, DENECKE and RODMAN, JJ.

RODMAN, Justice pro tem.

The defendant was convicted by a jury of the crime of assault and robbery being armed with a dangerous weapon. The three assignments of error are all based upon the out-of-court identification of the defendant by the victim. The first assignment of error is that:

"The court erred in allowing the State to inform the jury in opening statement that the identifying witness had made extrajudicial identification of the defendant that a...

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