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STATE v. LABARE

382 A.2d 866 (1978)

STATE of Maine v. Richard LABARE.

Supreme Judicial Court of Maine.

February 24, 1978.

Attorney(s) appearing for the Case

Henry N. Berry, III, Dist. Atty., Thomas L. Goodwin (orally), Asst. Dist. Atty., Portland, for plaintiff.

Latty & Walker by Robert N. Walker (orally), Yarmouth, for defendant.

Before McKUSICK, C. J., and POMEROY, WERNICK, ARCHIBALD, GODFREY and NICHOLS, JJ.

PER CURIAM.

The presiding justice did not err in denying the defendant's motion to suppress evidence of a pre-indictment, out-of-court lineup involving the defendant. No right to counsel attached at that stage in the proceedings. Kirby v. Illinois, 406 U.S. 682, 92 S.Ct. 1877, 32 L.Ed.2d 411 (1972); State v. Niemszyk, Me., 303 A.2d 105 (1973). Furthermore, although the presiding justice...

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