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STATE v. BELL

No. 67145.

322 N.W.2d 93 (1982)

STATE of Iowa, Appellee, v. Randall Kirk BELL, Appellant.

Supreme Court of Iowa.

Rehearing Denied August 19, 1982.

Attorney(s) appearing for the Case

John J. Piazza of Polk County, Offender Advocate Office, Des Moines, for appellant.

Thomas J. Miller, Atty. Gen., Shirley Ann Steffe, Asst. Atty. Gen., and William Thomas, Asst. County Atty., for appellee.

Considered en banc.

McCORMICK, Justice.

This appeal involves a double jeopardy question. Defendant Randall Kirk Bell was tried for first-degree murder. After deliberating on the case, the jury returned to the courtroom and tendered a verdict finding defendant guilty of second-degree murder. When the jury was polled, one juror said she disagreed with the verdict because she had a reasonable doubt of the sufficiency of evidence on that charge. Defendant moved for mistrial, and the State...

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