Cabrellis

The defendant, James Cabrellis, appeals from his second successive conviction of the first degree robbery charged in the information. The first adverse judgment was reversed on appeal by the Court of Appeal, Third Appellate District, because of what it held to be an erroneous account in the testimony of a Sacramento police detective of a conversation with the accused. In this second trial, the prosecution avoided the pitfall in question, and nothing is said in the appeal concerning it.

The sole issue raised by appellant now is whether, under the facts of the ease, the lineups conducted by the police department were “so unnecessarily suggestive and conducive to irreparable mistaken identification that defendant was denied due process.” After a careful examination of the entire record, we are convinced that the evidence before the jury was sufficient to warrant its implied finding against the defendant. It should be kept in mind, of course, that a Court of Appeal does not retry a case by passing on conflicting evidence. Its duty is fulfilled if it determines, as we do here, that there is substantial evidence to justify the conviction.

While prosecution witnesses were in some…