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STATE v. NEWTON

No. 19065.

681 P.2d 833 (1984)

STATE of Utah, Plaintiff and Respondent, v. Jay Richard NEWTON, Defendant and Appellant.

Supreme Court of Utah.

April 23, 1984.

Attorney(s) appearing for the Case

Bradley P. Rich, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Atty. Gen., J. Stephen Mikita, Asst. Atty. Gen., James F. Housley, Deputy Salt Lake County Atty., Salt Lake City, for plaintiff and respondent.

OAKS, Justice:

A jury convicted defendant of aggravated robbery. U.C.A., 1953, § 76-6-302. The only evidence linking defendant to the crime was the eyewitness identification of the victim. On appeal, defendant claims that the trial court committed prejudicial error by refusing his proffered instruction stressing the special pitfalls of eyewitness identification. See United States v. Telfaire, 469 F.2d 552 (D.C. Cir.1972...

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