STATE v. LINDSEY

No. 64974.

302 N.W.2d 98 (1981)

STATE of Iowa, Appellant, v. Greg Allen LINDSEY, Appellee.

Supreme Court of Iowa.

February 18, 1981.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Roxann M. Ryan, Asst. Atty. Gen. and Peter Berger and James Smith, Asst. Polk County Attys., for appellant.

Linda Del Gallo and Alfredo G. Parrish of Parrish & Del Gallo, Des Moines, for appellee.

Considered by REYNOLDSON, C. J., and LeGRAND, McGIVERIN, LARSON and SCHULTZ, JJ.


SCHULTZ, Justice.

The State appeals from a trial court ruling granting defendant Greg Allen Lindsey a new trial. Whether the trial court properly sustained defendant's motion for a new trial ultimately depends on whether the jury was properly instructed regarding the presumption of innocence and the State's burden of proving defendant guilty beyond a reasonable doubt. We hold the jury was properly instructed and remand the case for entry of judgment and sentencing...

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