People v. Caruso

Defendant appeals from a judgment of conviction entered upon a jury verdict finding him guilty of first degree robbery. (Pen. Code, § 211.)

At the police lineup defendant did not have the assistance of counsel, a right that has since been held to be guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution. (United States v. Wade (1967) 388 U.S. 218 [18 L.Ed.2d 1149, 87 S.Ct. 1926] ; Gilbert v. California (1967) 388 U.S. 263 [18 L.Ed.2d 1178, 87 S.Ct. 1951].) We have heretofore decided, however, that the rule of Wade and Gilbert, requiring the exclusion of in-court…