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STATE v. WARE

No. 3475.

113 Ariz. 340 (1976)

554 P.2d 1267

The STATE of Arizona, Appellee, v. Roger Terry Lee WARE, Appellant.

Supreme Court of Arizona, In Banc.

September 7, 1976.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III, and Lynn Hamilton, Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Michael G. Sullivan, Deputy Public Defender, Phoenix, for appellant.

CAMERON, Chief Justice.

This is an appeal by Roger Terry Lee Ware from a jury verdict and judgment of guilt to one count of robbery and one count of armed robbery, A.R.S. §§ 13-641 and 13-643, and concurrent sentences thereon of not less than five nor more than seven years for robbery, and not less than ten nor more than fifteen years for armed robbery.

Two questions are raised by this appeal:

1. Was the in-court identification impermissibly...

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