STATE v. CALIA


514 P.2d 1354 (1973)

STATE of Oregon, Respondent, v. Johnny Joe CALIA, Jr., Appellant.

Court of Appeals of Oregon.

Decided October 22, 1973.


Attorney(s) appearing for the Case

Richard L. Garbutt, certified law student, Willamette University, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty Gen., Salem, argued the cause for respondent. On the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and TANZER, JJ.


TANZER, Judge.

This is an appeal from an armed robbery conviction after trial by jury. The victim identified the defendant as one of two men who robbed him of his jewelry sample case. The only corroboration was evidence that defendant and two companions, all from Kansas City, were in Portland for a few weeks surrounding the day of the robbery.

Various assignments of error are based on two basic assertions: that the single eyewitness identification was tainted...

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