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STATE v. CULLEN

No. 83-1163.

357 N.W.2d 24 (1984)

STATE of Iowa, Appellant, v. Randy G. CULLEN, Appellee.

Supreme Court of Iowa.

October 17, 1984.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Joseph P. Weeg, Asst. Atty. Gen., and David E. Richter, County Atty., for appellant.

Charles L. Harrington, Appellate Defender, and Linda Del Gallo, Asst. Appellate Defender, Des Moines, for appellee.

Considered by REYNOLDSON, C.J., and HARRIS, McCORMICK, SCHULTZ, and CARTER, JJ.

REYNOLDSON, Chief Justice.

After a jury found defendant Randy G. Cullen guilty of first-degree murder, trial court sustained defendant's mistrial motion, grounded on jury misconduct. We granted the State's application for discretionary review. We now reverse and remand for reconsideration by trial court in light of the correct rule to be applied when a party seeks to impeach a jury verdict.

In the early morning hours of April 8, 1983, several fights broke...

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