State v. Smith

PHILLIPS, Judge.

The defendant rests his hopes for a new trial upon the solitary contention that the trial judge’s refusal to specially instruct the jury on the identity issue, as requested, was prejudicial error. His position is well taken.

In State v. Kinard, it was said:

Whether the identification issue is such a substantial feature of the case that the trial court is required to give instructions specifically dealing with the relevant factors involved in either a confrontation identification or photographic identification depends on the evidence in each case. If the evidence strongly…