Collins

James Howard Collins appeals his conviction by a jury of second degree robbery. (Pen. Code, §211.)

The Robbery

Mrs. Juanita Chambers and her daughter Delenna Sue Chambers were tending their small grocery store in Long Beach at 7:30 p.m. on 15 April *603 1969. Collins entered the store, walked to the meat counter and asked Mrs. Chambers for a pickled pig’s foot. Mrs. Chambers noticed Collins as he approached the meat counter and remembered having seen him in the store at different times before. She picked out a pickled pig’s foot, wrapped it, put on a second wrapper at Collins’ request, collected payment, handed back change, and when Collins left the meat counter she picked up some bottles to carry into another room. Delenna Sue, age 17, was at the cash register, and she first saw Collins when he was five or six feet away at the meat counter buying the pickled pig’s foot from Mrs. Chambers. She then noticed him walking to the beer counter. A few minutes later he came to Delenna Sue’s counter, set a can of beer on it, and pointed a gun at her. He was about a foot away. She glanced at him for about two seconds, got “Not a real good look, but, you know, enough to know what…

I dissent.

The question of identity is decisive of this appeal.

The issue is whether an in-court identification of appellant made by a victim of an armed robbery is free of or non-prejudicial in spite of the taint of an admittedly illegal lineup.

Mr. and Mrs. Chambers owned a small grocery store in Long Beach. At about 7:30 p.m. on April 15, 1969, shortly before closing, appellant approached Mrs. Chambers at the meat counter in the store and asked for a pickled pig’s foot. Mrs. Chambers reached for the merchandise, wrapped the purchase and delivered it with some change to appellant. Mrs. Chambers immediately thereafter walked into a back room of the store as she was making arrangements to close for the day.

Within a minute or two after the foregoing purchase appellant approached Delenna Sue Chambers (Sue), daughter of the proprietors who worked in the store after school. Sue was standing at the cash register. Appellant pointed what looked like a “real gun” at her. Sue testified that she looked at appellant’s face “Just enough to get a good look at him, about two, three seconds” before she screamed and ran to the back room where her mother was. The cash register was left open.…

James Howard Collins appeals his conviction by a jury of second degree robbery. (Pen. Code, § 211.)

Mrs. Juanita Chambers and her daughter Delenna Sue Chambers were tending their small grocery store in Long Beach at 7:30 p.m. on 15 April 1969. Collins entered the store, walked to the meat counter and asked Mrs. Chambers for a pickled pig's foot. Mrs. Chambers noticed Collins as he approached the meat counter and remembered having seen him in the store at different times before. She picked out a pickled pig's foot, wrapped it, put on a second wrapper at Collins' request, collected payment, handed back change, and when Collins left the meat counter she picked up some bottles to carry into another room. Delenna Sue, age 17, was at the cash register, and she first saw Collins when he was five or six feet away at the meat counter buying the pickled pig's foot from Mrs. Chambers. She then noticed him walking to the beer counter. A few minutes later he came to Delenna Sue's counter, set a can of beer on it, and pointed a gun at her. He was about a foot away. She glanced at him for about two seconds, got "Not a real good look, but, you know, enough to know what he…