Harris

Defendant appeals from a judgment, after jury verdict, convicting him of second degree robbery.

Questions Presented

1. The lineup was not unnecessarily suggestive.

2. No immaterial or irrelevant evidence was introduced.

3. The court’s ruling as to examination of defendant if he took the stand was proper.

Record

Defendant was charged with violation of Penal Code section 211 (robbery). At the trial a hearing was had outside the presence of the jury and defendant’s motion to have the identification evidence excluded because he claimed the lineup was unfair was denied. It was stipulated that defendant had waived his right to have an attorney present at the lineup. The jury found defendant guilty of second degree robbery and sentenced him to state prison for the term prescribed by law.

Facts

On March 25, 1970, about 9:45 p.m., three black men walked into the Handy Pantry store in Sacramento. Working in the store were Rodney Ramsey, the owner’s son, age 14, and Randy Pimm. One of the men was wearing a white scarf on his head, a jacket and bright yellow pants. He told Rodney that it was a holdup. Rodney later identified defendant as the man who did all the talking.…