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STATE v. SWAIN

No. 14036.

541 P.2d 5 (1975)

The STATE of Utah, Plaintiff and Respondent, v. Edward Thomas SWAIN, Defendant and Appellant.

Supreme Court of Utah.

September 30, 1975.

Attorney(s) appearing for the Case

Gary H. Weight, of Aldrich & Nelson, Provo, for defendant and appellant.

Vernon B. Romney, Atty. Gen., Earl F. Dorius, William Barrett, Asst. Attys., Gen., Salt Lake City, Noall T. Wootton, Utah County Atty., Provo, for plaintiff and respondent.

TUCKETT, Justice:

The defendant appeals from an order of the district court denying his motion for a new trial.

The defendant was found guilty of the crime of distributing a controlled substance (amphetamine) for value. After his conviction the defendant filed a motion for a new trial based upon newly discovered evidence. In support of his motion defendant filed an affidavit of one Darrel W. Lyon, which stated in effect that he (Lyon) at the time and place...

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