State v. Smith

PUDLOWSKI, Judge.

Defendant appeals jury convictions of attempted robbery, first degree and armed criminal action. The trial judge entered *738concurrent eight and three year sentences under the Second Offender Act. His appeal raises three points of alleged trial error: (1) abuse of discretion in denying his request for continuance; (2) denial of due process in admitting a knife neither identified as belonging to defendant nor shown to have been in his possession; (3) refusal of defendant’s eyewitness identification instruction.

On May 6,1978, at approximately 12:30 p. m., Charles Moore’s…