STATE v. SWEET


566 P.2d 199 (1977)

30 Or.App. 45

STATE of Oregon, Respondent, v. Earl Lawrence SWEET, II., Appellant.

Court of Appeals of Oregon.

Decided July 5, 1977.


Attorney(s) appearing for the Case

Richard J. Smith, Klamath Falls, argued the cause and filed the brief for appellant.

Melinda L. Bruce, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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


RICHARDSON, Judge.

Defendant appeals from his conviction of Rape in the First Degree, ORS 163.375, contending that a pretrial photographic identification procedure was impermissibly suggestive and that he was denied effective assistance of counsel.

On June 11, 1976, a 12 year old girl was forcibly raped. She ran home, and the police were called. She gave the police a description of her attacker from which a composite drawing was made. The description included...

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