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STATE v. GALLOWAY

No. 60719.

275 N.W.2d 736 (1979)

The STATE of Iowa, Appellee, v. James Thomas GALLOWAY, Appellant.

Supreme Court of Iowa.

February 21, 1979.

Attorney(s) appearing for the Case

Arthur L. Buzzell, Davenport, and Robert D. Bartels, Iowa City, for appellant.

Richard C. Turner, Atty. Gen., Thomas A. Evans, Jr., Asst. Atty. Gen., and Elizabeth O. Shaw, County Atty., for appellee.

Considered en banc.

HARRIS, Justice.

This is the third time we have considered an appeal from this defendant from a conviction for a brutal murder which occurred January 3, 1964, in Davenport. On defendant's first appeal we reversed and remanded for a new trial. State v. Galloway, 167 N.W.2d 89 (Iowa 1969). Retrial again resulted in a first-degree murder conviction. We affirmed on defendant's appeal. State v. Galloway,

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