State v. Jones

Defendant and Melvin Luther Cox were jointly indicted for felony murder arising out of a shooting in the course of an armed robbery. Former OES 163.010. Defendant was tried separately and convicted by a jury. He appeals from the resulting judgment, asserting three assignments of error.

A brief summary of the facts is necessary to an understanding of the principal issue — the failure to give a requested instruction concerning the need for caution in accepting testimonial identification of the defendant.

During the course of a robbery at a tavern committed by two men, Clark Arasmith was shot and…