State v. Martin

WELLS, Judge.

In his first argument, defendant contends that the trial court erred in failing to instruct the jury ex mero motu that:

(A) It must find that the identification testimony of prosecuting witnesses Holley and Watson was entirely the product of their recollection of the offender at the time of the offense and did not result from photos shown them by investigating officer Charles; and

(B) In considering the credibility of Holley, the jury should take into account a prior incorrect identification by Holley.

State’s evidence at trial indicated that James Holley and Phyllis Watson rented a…