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STATE v. MERSHON

No. C-49201.

459 P.2d 551 (1969)

STATE of Oregon, Respondent, v. Freddie Michael MERSHON, Appellant.

Court of Appeals of Oregon.

Decided October 10, 1969.

Attorney(s) appearing for the Case

Eugene L. Parker, Portland, argued the cause and filed the brief for appellant.

Billy L. Williamson, Deputy Dist. Atty., Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.

Before SCHWAB, C.J., and FOLEY, FORT and BRANCHFIELD, JJ.

FORT, Judge.

Defendant was convicted of the crime of armed robbery. The questions presented on this appeal arise out of the lineup procedure used by the state during the preindictment stage. The chronology necessary to an understanding of the questions presented may be summarized as follows: On August 19, 1967, an armed robbery of Scotty's Market, committed jointly by two men, took place. On August 25, Dennis Lee Kniss was charged by an information with the crime...

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