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STATE v. LANG

No. 2213.

107 Ariz. 400 (1971)

489 P.2d 37

The STATE of Arizona, Appellee, v. Earl John LANG, Jr., Appellant.

Supreme Court of Arizona, In Division.

September 29, 1971.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by William P. Dixon, Asst. Atty. Gen., Phoenix, for appellee.

Burch, Cracchiolo, Levie & Guyer, by Michael E. Bradford, Phoenix, for appellant.

CAMERON, Justice.

This is an appeal from the conviction of Earl John Lang, Jr., on two counts of armed robbery (§§ 13-641 and 13-643 A.R.S.) and two counts of assault with a deadly weapon (§ 13-249 A.R.S.).

We are called upon to decide whether:

1. the pre-arrest photo identification of the defendant was unduly suggestive, 2. if so, did it taint the in-court identification, and 3. was it harmless error.

The...

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