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STATE v. DYLE

899 S.W.2d 607 (1995)

STATE of Tennessee, Appellant, v. Dennis Lee DYLE and William Whitfield Ellis, Appellees.

Supreme Court of Tennessee, at Knoxville.

May 15, 1995.

Attorney(s) appearing for the Case

Charles W. Burson, Atty. Gen. & Reporter, Michael E. Moore, Sol. Gen., and Ellen Pollack, Asst. Atty. Gen., Nashville, for appellant.

Katherine J. Kroeger, Asst. Public Defender, Clinton, for appellee Dennis Lee Dyle.

Billy P. Sams, Oak Ridge, for appellee William Whitfield Ellis.

OPINION

BIRCH, Justice.

In reversing the trial court's judgment which convicted Dennis Dyle and William Whitfield Ellis of aggravated robbery,1 the Court of Criminal Appeals held that "in any criminal case in which the issue of identity is raised by the evidence and is material to the defense the detailed identification instruction first devised in Telfaire ... must be given."

We granted the State's application...

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