STATE v. CADWALADER


487 P.2d 678 (1971)

STATE of Oregon, Respondent, v. Gary Gordon CADWALADER, Appellant.

Court of Appeals of Oregon, Department 1.

Decided July 29, 1971.


Attorney(s) appearing for the Case

Douglas G. Combs, Eugene, argued the cause for appellant. With him on the brief were Combs & Hutchinson, Eugene.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.


FOLEY, Judge.

The principal issue in this appeal from defendant's conviction for armed robbery is whether a near-the-scene identification confrontation between the defendant without counsel and the victim violated his Sixth Amendment right to counsel.

The victim, a 75-year-old widow who operated a service station-store, testified she had viewed the two robbers in her store for six or seven minutes at the time the robbery occurred, between 10:45 to 11 a.m....

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