STATE v. FARLEY

No. 57334.

226 N.W.2d 1 (1975)

STATE of Iowa, Appellee, v. David Earl FARLEY, Appellant.

Supreme Court of Iowa.

February 19, 1975.


Attorney(s) appearing for the Case

Paul A. Mahr, Sioux City, for appellant.

Richard C. Turner, Atty. Gen., Jim P. Robbins, Asst. Atty. Gen., and Zigmund A. Chwirka, County Atty., for appellee.

Heard by MOORE, C. J., and RAWLINGS, UHLENHOPP, HARRIS and McCORMICK, JJ.


McCORMICK, Justice.

Defendant appeals his conviction by jury and sentence for breaking and entering in violation of Code § 708.8. The sole question is whether the trial court erred in overruling his motion for new trial which was grounded on an assertion of newly discovered evidence. We affirm because we find the ruling was within the discretion of the trial court.

The charge arose from a break-in of the Lincoln Market, a Sioux City grocery store, in...

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