The PEOPLE v. McMath

After a trial by jury in the circuit court of Cook County, Golden McMath was found guilty of the offense of robbery and sentenced to a term of not less than 5 nor more than 15 years. The Appellate Court, First District, affirmed the conviction (104 Ill. App. 2d 302), and we granted leave to appeal. The principal issue before this court is whether the defendant was denied due process of law because of an in-court identification and testimony concerning an out-of-court identification.

The facts underlying this appeal indicate that on May 21, 1965, at 4:50 A.M., Lovada Walker was stopped at gun…