Hawkins

Defendant appeals from a conviction of robbery. Allegedly he and a man named Williams, on October 31, 1968, shortly after 8 a.m., robbed the owner of a market, Mrs. Abraham. An 11-year-old girl named Dianna Jaramillo was present at the time of the robbery. The police were notified. Mrs. Abraham was interviewed by Officer Weaver and gave him a description of the two men who robbed her. At about 10:30 a.m. Officer Weaver and Officer McLennan, in separate automobiles, observed defendant and Williams a few blocks from the market; noted the two men look at the police vehicles, then turn and run toward a building. Officer Weaver drove to the back of the building; saw the two men, who appeared to be hiding behind a staircase; ran toward them and as he did so both men attempted to run behind the building; drew his revolver; and ordered the men to halt. Williams stopped. Defendant ran around the building toward the front; observed Officer McLennan coming in his direction; returned; and was taken into custody by Officer Weaver.

In the early afternoon of the same day Officer McLennan displayed photographs of eight Negro men, including defendant and Williams, to Mrs.…