People v. Stearns

Opinion

FILES, P. J.

On this appeal defendant seeks to attack the fairness of a lineup in which he was identified by a witness as the perpetrator of a homicide.

Defendant was arrested, placed in a lineup, and identified by a witness. He was charged by information with murder (Pen. Code, § 187) and found guilty by a jury of first degree murder. His conviction was reversed on appeal because of errors of law in instructing the jury (People v. Stearns (1971) 14 Cal.App.3d 178 [92 Cal.Rptr. 69]), and the cause was restored to the superior court calendar.

Subsequently defendant made what counsel called…