State v. McBain

*1057SCHWAB, C. J.

Following our opinion reversing in State v. McBain, 24 Or App 737, 547 P2d 188, Sup Ct review denied (1976), defendant was again tried for rape, again convicted and again appeals. The issue again concerns identification evidence.

In defendant’s first trial, the victim was not able to make a positive in-court identification of defendant as her assailant. Evidence was introduced in that the police took a photograph of defendant within a few hours after the victim reported she was raped; that the police displayed defendant’s picture along with eight others to the victim; and that the…