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STATE v. McBAIN

569 P.2d 630 (1977)

30 Or.App. 1005

STATE of Oregon, Respondent, v. Claren Koke McBain, Appellant.

Court of Appeals of Oregon.

Decided September 26, 1977.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Brian R. Barnes, Deputy Dist. Atty., Eugene, argued the cause for respondent. With him on the brief was J. Pat Horton, Dist. Atty., Eugene.

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

SCHWAB, Chief Judge.

Following our opinion reversing in State v. McBain, 24 Or.App. 737, 547 P.2d 188, Sup.Ct. review denied (1976), defendant was again tried for rape, again convicted and again appeals. The issue again concerns identification evidence.

In defendant's first trial, the victim was not able to make a positive in-court identification of defendant as her assailant. Evidence was introduced in that...

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