State v. Gosby

Luther Lee Gosby and Thomas Eugene Robles were charged and convicted by jury of robbery while armed with a deadly weapon. On appeal, defendants challenged (1) the admission of certain identification testimony and (2) the framing of a jury instruction regarding circumstantial evidence. The Court of Appeals affirmed the conviction. We granted a petition for review. With significant modifications of the opinion of the Court of Appeals, we adhere to the result reached therein affirming the judgment of conviction and the sentence of the trial court.

The pertinent facts are as follows: On December…