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KNISS v. CUPP

558 P.2d 364 (1976)

27 Or.App. 815

Dennis Lee KNISS, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided December 20, 1976.

Attorney(s) appearing for the Case

Paul J. De Muniz, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

SCHWAB, Chief Judge.

This is an appeal from the trial court's denial of petitioner's request for post-conviction relief.

On August 19, 1967, two men robbed a market in Portland. Two witnesses to the robbery, Walton and Mewhinney, viewed photographic displays containing petitioner's photograph on August 23. Walton identified petitioner as one of the two robbers; Mewhinney stated that petitioner was not one of the two...

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