People v. District Court for the Second Judicial District

LEE, Justice.

We issued a rule to show cause why the respondent district court should not be prohibited from suppressing both an out-of-court photographic identification and an in-court identification of the defendant, William L. MacFarland, in a burglary investigation. We now make the rule absolute.

On July 18, 1975, Marian de la Ossa returned to her house at about 10:30 p. m. She had left lights on in the living room and the den, and after coming home she switched on the light in the bathroom. As she walked toward her bedroom, she was confronted by a man who grabbed her arms and pushed her…