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STATE v. DAVIE

No. 80,1902; CA A20188.

642 P.2d 680 (1982)

56 Or.App. 507

STATE of Oregon, Appellant, v. Robert Alan DAVIE, Respondent.

Court of Appeals of Oregon.

Decided March 22, 1982.

Reconsideration Denied April 27, 1982.

Review Denied May 18, 1982.

Attorney(s) appearing for the Case

Barbara Jacobson, Certified Law Student, Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., James E. Mountain, Jr., Asst. Atty. Gen., and Jennifer Wieland, Certified Law Student, Salem.

Douglas W. Moore, Albany, argued the cause for respondent. With him on the brief was Coady & Moore, Albany.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

VAN HOOMISSEN, Judge.

The state appeals a pretrial order suppressing evidence. The issue is whether the in-court and out-of-court identifications of defendant and his voice by three witnesses were properly suppressed as fruits of an unnecessary and impermissibly suggestive identification procedure.

Sometime between 2 a.m. and 3 a.m. on August 25, 1980, a male intruder entered the Martinson home in Brownsville. Fawna...

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