State v. Allen

Missouri Court of Appeals
State v. Allen, 663 S.W.2d 336 (1983)
1983 Mo. App. LEXIS 4276

State v. Allen

Opinion of the Court

ORDER

PER CURIAM.

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).

Reference

Full Case Name
STATE of Missouri v. Howard ALLEN
Cited By
2 cases
Status
Published