People v. Jackson

On the night of January 17, 1958, two men committed a robbery in a liquor store operated by Patrick and Francis O ’Brien. The appellant Jackson and another defendant were indicted for the crime and at the trial, held some eight months after its commission, both O’Briens identified Jackson as one of the robbers. Significantly, however, Patrick O’Brien had not picked Jackson out of a line-up which he had viewed seven months earlier and only two weeks after the robbery.

Whether the appellant was one of the robbers was, so far as he was concerned, the only issue in the case, and the evidence *144that…