Opinion
No. 46602.
December 6, 1983. Motion For Rehearing and/or Transfer to Supreme Court Denied January 12, 1984. Application to Transfer Denied February 15, 1984.
APPEAL FROM ST. LOUIS CITY, CIRCUIT COURT, ST. LOUIS COUNTY; RICHARD J. BROWN, JUDGE.
John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, for respondent.
Debra Buie Arnold, St. Louis, for appellant.
ORDER
Appeal 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.)
State v. Borden, 605 S.W.2d 88 (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.
No jurisprudential purpose would be served by a full written opinion. Judgment affirmed pursuant to Rule 30.25(b).