STATE v. HOWARD

No. C79-10-33853; CA 17384.

639 P.2d 664 (1982)

55 Or.App. 598

STATE of Oregon, Respondent, v. Walter Wayne HOWARD, Appellant.

Court of Appeals of Oregon.

Decided January 25, 1982.


Attorney(s) appearing for the Case

John Daugirda, Deputy Public Defender, Salem, argued the cause for appellant. With him on brief was Gary D. Babcock, Public Defender, Salem.

William F. Gary, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on brief were James M. Brown, Atty. Gen., John R. McCulloch, Sol. Gen., and John C. Bradley, Asst. Atty. Gen., Salem.

Before BUTTLER, P.J., JOSEPH, C.J., and WARDEN, J.


BUTTLER, Presiding Judge.

Defendant seeks reversal of his convictions for rape in the first degree and robbery in the third degree, assigning as errors (1) the denial of his pretrial motion to suppress the photographic throw-down identification of defendant as unduly suggestive, and (2) the denial of his request for a preliminary hearing after indictment. We affirm.

Defendant's second contention was disposed of in State v. Clark, 291...

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