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STATE v. MADDEN

461 P.2d 834 (1969)

STATE of Oregon, Respondent, v. James Arnold MADDEN, Appellant.

Court of Appeals of Oregon, In Banc.

Decided November 21, 1969.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Michael E. Murphy, Deputy Dist. Atty., Eugene, argued the cause for respondent. With him on the brief was John B. Leahy, Dist. Atty., Eugene.

SCHWAB, Chief Judge.

Defendant was indicted, tried by jury and convicted of the crime of armed robbery. ORS 163.280. His sole assignment of error on appeal is that the procedures used shortly after the robbery to identify him as the holdup man violated his constitutional right in that they did not conform to the requirements of the recent "police lineup" decisions of the United States Supreme Court. United States v. Wade, 388 U.S. 218

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