Lewis v. State

Appellant was charged with armed robbery. Trial by jury resulted in a verdict of guilty as charged. Defendant was sentenced to a determinate term of twelve years. The sole question raised by this appeal is whether or not the trial court erred in failing to give appellant’s tendered instruction number 10. Said instruction reads as follows:

“The evidence in this case raises the question of whether the defendant was in fact a criminal actor and necessitates your resolving any conflict or uncertainty in testimony on that issue.

*372“Personal identification evidence is doubtful at best and should be…