STATE v. BESTER

No. 53189.

167 N.W.2d 705 (1969)

STATE of Iowa, Appellee, v. Eugene Anthony BESTER, Appellant.

Supreme Court of Iowa.

May 6, 1969.


Attorney(s) appearing for the Case

Holmes & Ralph, Des Moines, for appellant.

Richard C. Turner, Atty. Gen., David A. Elderkin, Asst. Atty. Gen., Ray Fenton, County Atty., and James D. McKeon, Asst. County Atty., for appellee.


BECKER, Justice.

Defendant Eugene Bester was indicted, tried by a jury of twelve and found guilty of murder in the first degree. His appeal assigns as error the giving of two instructions dealing with evidence of flight and the weight to be given defendant's testimony. We reverse and remand for new trial.

The fatal shooting was an outgrowth of the relationship of two men and a woman. Defendant was seeing and often in the company of Mrs. Rose Washington in...

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