State v. Swink

REINHARD, Judge.

This is an appeal by the defendant Donald Swink from a conviction by a jury of robbery in the first degree. § 569.020 RSMo 1978. The court imposed a thirty year sentence. Defendant has appealed, contending that the court erred in refusing defendant’s proposed identification instruction.

We note that defendant has not properly preserved this point for review. Rule 30.06(e) requires that an appellant raising as error the trial court’s failure to submit an instruction must set out in the argument portion of his brief the instruction which he alleges should have been given. Thus…