Blackburn

The evidence on which defendant was found guilty of robbery was as follows d

*556 On December 2, 1965, defendant, at gun point, forced his way into the home of John Menard who had just- finished dinner with his family. The time was about 7 p.m: He demanded Mrs. Menard’s jewelry. Although she was terrified, Mrs. Menard tried to lead defendant to believe that she did not have any, but eventually he discovered it in a.bathroom drawer, took it and left.

•The Menards’ daughter, Linda, was present during the ■proceedings. '

The matter was immediately reported to the police. Thereafter, from time to time, the Menards were shown ■ various photographs, but failed to identify the robber. Finally, in April 1966, Mr. and Mrs. Menard were shown a group of five to seven photographs. Mr. Menard thought that one of them showed the robber. Mrs. Menard was more positive that it did. Linda was not present when the pictures were shown to her parents. About a week later the parents as well as the daughter picked defendant out of a lineup of four individuals at the Beverly Hills police station. All three made positive courtroom identifications.

Some time after defendant’s arrest, Officer McKnight…