State v. Allen
Cases that cite this one
2 later published cases cite this decision.
- State v. Gilmore (Mo. Ct. App. 1990)
- Allen v. State (Mo. Ct. App. 1990)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
ORDER
Appeal from a jury conviction for armed robbery and 20-year persistent offender sentence. Defendant relies solely on the court’s refusal of the identification-of-defendant instruction given in United States v. Telfaire, 469 F.2d 552 (D.C.Cir. 1972).
MAI-CR 2d 2.01 provides:
“Except as may be specifically provided for elsewhere in MAI-CR, no other or additional instruction may be given on the believability of witnesses, or the effect, weight or value of their testimony.” (Our emphasis.)
State v. Borden, 605 S.W.2d 88[7] (Mo. banc 1980), upheld the rejection of a non-MAI identification instruction on that ground. See also State v. Knight, 621 S.W.2d 109[1, 2] (Mo.App. 1981), rejecting Telfaire.
No jurisprudential purpose would be served by a full written opinion. Judgment affirmed pursuant to Rule 30.25(b).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.