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STATE v. HUNTER

572 P.2d 657 (1977)

31 Or.App. 1295

STATE of Oregon, Respondent, v. Steven HUNTER, Appellant.

Court of Appeals of Oregon.

Decided December 19, 1977.

Attorney(s) appearing for the Case

James P. Spindor, Klamath Falls, argued the cause and filed the brief for appellant.

Jan P. Londahl, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

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

PER CURIAM.

Defendant appeals his conviction for rape in the first degree, ORS 163.375. Defendant's principal contention is that there was insufficient evidence to support the trial court's findings that the victim's in-court identification of defendant was independent of and not tainted by her pre-trial identification of him in a lineup. The trial court had previously ruled at the pretrial omnibus hearing that the lineup was impermissibly suggestive and evidence...

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