State v. Allen

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…