State v. Payette

OPINION

MURRAY, Justice.

A Superior Court jury returned a verdict of guilty with reference to charges of robbery and conspiracy to rob against Robert Payette. The trial justice set aside the conspiracy verdict. Payette now appeals his robbery conviction. This appeal is premised solely on the grounds that the jury instructions did not contain a specific instruction that the state was required to prove Payette’s identity as the perpetrator of the crime beyond a reasonable doubt.

At trial, corrections officers, a policeman, and a prison inmate testified to the following:

Kevin Keith was the victim…