State v. Dyle

OPINION

BIRCH, Justice.

In reversing the trial court’s judgment which convicted Dennis Dyle and William Whitfield Ellis of aggravated robbery, 1 the Court of Criminal Appeals held that “in any criminal case in which the issue of identity is raised by the evidence and is material to the defense the detailed identification instruction first devised in Telfaire ... must be given.”

We granted the State’s application to appeal. At issue is whether the Telfaire instruction shall be established as a part of the law of this state.

After painstaking review and thorough consideration of the issue, we find…