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STATE v. JACKSON

No. 1 CA-CR 816.

24 Ariz. App. 7 (1975)

535 P.2d 35

STATE of Arizona, Appellee, v. Gary Lee JACKSON, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied June 19, 1975.

Review Denied July 10, 1975.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by Grove M. Callison, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Public Defender, Maricopa County by Anne Kappes, Deputy Public Defender, Phoenix, for appellant.

OPINION

JACOBSON, Presiding Judge.

Two questions are presented for resolution in this appeal:

(1) The admissibility of testimony by a third person as to the victim's out-of-court identification of the defendant, when the victim was unable to make an in-court identification, and

(2) Whether it was prejudicial to admit a photograph of the defendant into evidence at the trial.

The facts necessary...

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