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STATE v. KAISER

No. 77-1127.

56 Ohio St. 2d 29 (1978)

THE STATE OF OHIO, APPELLEE, v. KAISER, APPELLANT.

Supreme Court of Ohio.

Decided October 18, 1978.

Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, and Mr. Robert E. Kickel, for appellee.

Jacobs, Jacobs & Ziskind Co., L. P. A., Mr. Thomas L. Jacobs and Mr. Russell S. Bensing, for appellant.

PAUL W. BROWN, J.

Four propositions of law are proferred in this appeal.

The first is that the showing of a single mug shot of appellant to the eyewitness violated appellant's due process rights and irretrievably tainted the identification. Appellant cites Simmons v. United States (1968), 390 U.S. 377. This court in State v. Perryman (1976), 49 Ohio St.2d 14

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