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STATE v. DOUGHTY

408 A.2d 683 (1979)

STATE of Maine v. Marvin DOUGHTY.

Supreme Judicial Court of Maine.

December 3, 1979.

Attorney(s) appearing for the Case

David M. Cox, Dist. Atty., Gary F. Thorne, Asst. Dist. Atty. (orally), Bangor, for plaintiff.

Paine & Lynch by Martha J. Harris (orally), Bangor, for defendant.

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

POMEROY, Justice.

Defendant was convicted by a Penobscot County jury of robbery in violation of 17-A M.R.S.A. § 651(1).1 On appeal, defendant contends:

(1) that the trial court erred in admitting evidence of an out-of-court photographic identification because the array was so unnecessarily suggestive as to create a substantial risk of misidentification; (2) that the subsequent in-court identification of defendant...

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