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STATE v. McINTIRE

468 P.2d 536 (1970)

STATE of Oregon, Respondent, v. James Charles McIntire, Appellant.

Court of Appeals of Oregon, Department 1.

Decided April 23, 1970.

Rehearing Denied May 19, 1970.

Review Denied July 8, 1970.

Attorney(s) appearing for the Case

Kenneth C. Hadley, Jr., Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

John W. Osburn, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Solicitor Gen., Salem.

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

FORT, Judge.

The defendant was indicted, together with the widow of the victim, for the crime of murder in the first degree. He was convicted thereof by a jury in a separate trial, and appeals, asserting four assignments of error.

ASSIGNMENT OF ERROR NO. 1

The first arises out of an in-custody identification conducted at the jail at which he was identified by witnesses who also subsequently identified him during the trial.

Defendant claims...

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