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STATE v. DENNISTON

491 P.2d 1189 (1971)

STATE of Oregon, Respondent, v. Homer Lee DENNISTON, Appellant.

Court of Appeals of Oregon, Department 2.

Decided December 27, 1971.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed the briefs for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

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

LANGTRY, Judge.

Defendant appeals from a conviction of first degree murder. ORS 163.010. He was jointly indicted with William Allen Miller1 and Dennis H. Cole for the murder of a shopkeeper during an armed robbery. He asserts the trial court erred (1) in not striking an in-court identification made by a witness who failed to identify him at a photographic showup four days after the holdup; (2) in denying a motion for new trial; and (3...

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