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STATE v. LEE

No. C80-05-31847; CA A20273.

641 P.2d 589 (1982)

56 Or.App. 147

STATE of Oregon, Respondent, v. Martin Carter LEE, Appellant.

Court of Appeals of Oregon.

Decided March 8, 1982.

Attorney(s) appearing for the Case

John Daugirda, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

James E. Mountain, Jr., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

JOSEPH, Chief Judge.

Defendant appeals his convictions for rape in the first degree, ORS 163.375, and burglary in the first degree, ORS 164.225, contending that the trial court erred in denying his motion to suppress in-court and out-of-court photographic and voice identifications made by the rape victim's sister.

During the day on January 21, 1979, a man came to Victoria Voglund's house and asked if she had seen his dog. She replied that she had not but,...

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