Blackburn

—A jury convicted defendant on all counts of a five-count information. With respect to each count the information alleged that defendant was armed with an automatic pistol and the jury found said allegations to be true. Later, a motion for a new trial was denied and defendant was sentenced to state prison. The sentences on counts I, II, III, IV and V were ordered to run concurrently, but execution on counts II and III was “suspended” pending determination of any appeal on counts I, IV and V.

On appeal it is urged that the identification of defendant as the person who committed the crimes in question was insufficient to support the verdicts. In addition, it is claimed that his Sixth Amendment right to counsel was violated when he was put through lineups without counsel and that he was denied due process by unfair extrajudicial identifications.

Facts

■The case is a little unusual in this: while the identification of defendant is actually very strong, so are his alibis, at least with respect to April 13, 1966. (Counts III, IY and Y.) Nevertheless we feel that the evidence amply supports the verdicts with respect to each date.

The Events of March 30, 1966.

At about 8 p.m.…