State v. Quinn

MORGAN, Judge.

Convicted by a jury of armed robbery, appellant was sentenced under the Second *601Offender Act1 to a term of twenty years. The Court of Appeals, Eastern District, affirmed the conviction in an opinion written by Crist, J. For the purpose of considering again the law regarding “instructing specially on mistaken identification,” we ordered transfer and now decide the cause as an original appeal.

The sufficiency of the evidence is not challenged, and a brief recitation of the facts should suffice. About 11 o’clock one night a man and woman approached the office drive-in window of the…