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CUTLER v. STATE

No. 10471.

596 P.2d 216 (1979)

Terry Lee CUTLER, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

June 14, 1979.

Attorney(s) appearing for the Case

Norman Y. Herring, Public Defender, Carson City, and Gary D. Woodbury, Deputy Public Defender, White Pine County, Elko, for appellant.

Richard H. Bryan, Atty. Gen., Carson City, and Robert Johnston, Dist. Atty., White Pine County, Ely, for respondent.

OPINION

GUNDERSON, Justice:

In Cutler v. State, 93 Nev. 329, 566 P.2d 809 (1977), this Court affirmed Terry Lee Cutler's conviction of first-degree murder, for killing Dale Kaze. Subsequently, Cutler moved for a new trial based on newly discovered evidence, i.e. testimony by Michael Bowman. At trial, Cutler had requested Bowman to testify, but Bowman, charged with the same crime, declined to testify on advice of counsel...

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