California Court of Appeal July 23, 1968, Crim. 6108 (People v. Hogan)

RATTIGAN, J.

This appeal is before us for the second time. "Contrary to our previous disposition, we reverse the judgment of defendant’s conviction upon the ground that the admission of evidence at his trial, involving his identification by an eyewitness in the courtroom and at a previous police lineup, denied.him due process of law.

Defendant was charged by information with burglary (Pen.