State v. Smith

COPELAND, Justice.

We believe that Judge Lewis correctly instructed the jury under the facts and circumstances of this case. The sole contention on appeal was that the trial judge incorrectly charged the jury regarding the State’s identification testimony and incorrectly refused to give instructions requested by the defendant.

Judge Lewis gave the following identification instructions:

In appraising the identification testimony of any witness, Members of the Jury, I suggest to you that you may consider the capacity and adequate opportunity the witness Houston had to observe the defendant.…