STATE v. WISE

No. 10-80-01332; CA 18011.

635 P.2d 1374 (1981)

STATE of Oregon, Respondent, v. Irving Stewart WISE, Appellant.

Court of Appeals of Oregon.

Decided November 16, 1981.


Attorney(s) appearing for the Case

Robert A. Miller, Springfield, argued the cause for appellant. With him on the brief was Wiswall, Svoboda, Thorp & Dennett, P.C., Springfield.

Richard David Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.


BUTTLER, Presiding Judge.

Defendant appeals his convictions for burglary in the first degree and rape in the first degree, contending that the trial court erred in denying his pretrial motions to suppress physical evidence, including photographs of defendant, and out-of-court identifications of defendant, all of which are claimed to be the fruit of an unlawful stop, and to exclude the same photographic throw-down identification and out-of-court line-up identification...

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