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Moore v. State

The defendant was not entitled to a charge on eyewitness identification in the absence of a contention at trial that a witness misidentified him.

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Appellant Clifford Moore appeals from his conviction for the felony murder of Willie Merritt.1 On appeal, he contends that the evidence is insufficient to support the verdict, and that the trial court erred in failing to give his requested instruction on identification. For the reasons that follow, we find no merit to these issues. Accordingly, we affirm Moore’s conviction.

1. The evidence would have authorized a rational trier of fact to conclude that Moore robbed and stabbed the victim on a wooded path near his house after seeing the victim leave a nightclub about 12:30 a.m. Contrary to Moore’s contentions, the evidence is sufficient to support the conviction for felony murder.2

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