State v. Kessler

Defendant appeals from a judgment of conviction for the crime of assault and robbery while armed with a dangerous weapon.

On April 14, 1967 at approximately 9:00 p.m. two men robbed Kienow’s Market in Portland, Oregon. Each of the men wore a welder’s cap and silk stocking pulled over Ms face. Stuart Shelley, the employee in Kienow’s Market upon whom the assault was committed, was asked at the trial if he could identify the defendant as he sat in th,e courtroom. He responded that he could not positively identify him. Defendant was then ordered to place a stocking mask over Ms face and put a…