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STATE v. KESSLER

458 P.2d 432 (1969)

The STATE of Oregon, Respondent, v. Stephen Michael KESSLER, Appellant.

Supreme Court of Oregon, Department 1.

Decided September 10, 1969.

Attorney(s) appearing for the Case

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

Jacob B. Tanzer, Deputy Dist. Atty., Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.

Before McALLISTER, P.J., and O'CONNELL and DENECKE, JJ.

O'CONNELL, Justice.

Defendant appeals from a judgment of conviction for the crime of assault and robbery while armed with a dangerous weapon.

On April 14, 1967 at approximately 9:00 p.m., two men robbed Kienow's Market in Portland, Oregon. Each of the men wore a welder's cap and silk stocking pulled over his face. Stuart Shelley, the employee in Kienow's Market upon whom the assault was committed, was asked at the trial if he could identify the defendant as...

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