Douglas

After a jury trial defendant was convicted of robbery in the first degree. The information against him had alleged that he was armed at the time of the offense and the jury found that allegation to be true. The evidence was quite simple. On October 20, 1966, at 4p.m., Biviano Parada, the victim, cashed his pay cheek in a liquor store on Long Beach Boulevard. He obtained about $190 in cash. He returned to his car. Just as he was about to insert his key into the ignition there was a tapping on the window on the driver’s side. He rolled the window down. Defendant was standing there, holding a gun about 5 or 6 inches from the left side of Parada’s face. He said: 11 Hand it over. ’ ’ Defendant seemed nervous and excited. After a little hesitation Parada gave defendant the $190 and an uncashed check. Defendant took the money and told Parada to start his ear and leave. Parada did so. A few days later Parada identified defendant in a lineup. A .38 Colt pistol which was seized at the time of defendant’s arrest 1 ‘looked like” the one defendant had used in the holdup.

The record contains two different versions of the lineup. First there is a conflict concerning the height of the other…