State v. Milton

I concur and dissent.(1) Defendant’s requested instruction concerning identification needs clarification.

The trial court refused defendant’s requested instruction on identification which reads as follows:

You are instructed that in determining the question of identity in this case, you should take into consideration the manner in which such identification was made. If you should find from the evidence in this case that the defendant was first identified by photographic identification then you must determine whether or not the photographic identification procedure was so impermissibly…