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663 S.W.2d 336

State v. Allen

Missouri Court of Appeals

Decided December 6, 1983

Missouri Court of Appeals · decided 1983-12-06

Cited by 6 later decisions — most recently September 1990

6 state decisions

Relies on United States v. Telfaire · State v. Borden · State v. Knight

Good law ✅— No negative treatment on recordhow we know

Decided 1983-12-06

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¶1ORDER

PER CURIAM.

¶2Appeal from a jury conviction for armed robbery and 20-year persistent offender sentence. Defendant relies solely on the court’s refusal of the identification-of-defendant instruction given in United States v. Telfaire, 469 F.2d 552 (D.C.Cir.1972).

MAI-CR 2d 2.01 provides:
“Except as may be specifically provided for elsewhere in MAI-CR, no other or additional instruction may be given on the believability of witnesses, or the effect, weight or value of their testimony.” (Our emphasis.)

¶3State v. Borden, 605 S.W.2d 88[7] (Mo. banc 1980), upheld the rejection of a non-MAI identification instruction on that ground. See also State v. Knight, 621 S.W.2d 109[1, 2] (Mo.App.1981), rejecting Telfaire.

¶4No jurisprudential purpose would be served by a full written opinion. Judgment affirmed pursuant to Rule 30.25(b).

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