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STATE v. MILES

No. 69043.

344 N.W.2d 231 (1984)

STATE of Iowa, Appellee, v. Allen Curtis MILES, Appellant.

Supreme Court of Iowa.

February 15, 1984.

Attorney(s) appearing for the Case

James P. Cleary, Des Moines, for appellant.

Thomas J. Miller, Atty. Gen., Mary Jane Blink, Asst. Atty. Gen. and James A. Smith, Asst. County Atty., for appellee.

Considered by REYNOLDSON, C.J., and UHLENHOPP, HARRIS, McCORMICK, and WOLLE, JJ.

McCORMICK, Justice.

Defendant Allen Curtis Miles appeals from his conviction by jury and sentence for first-degree murder as defined in Iowa Code sections 707.1 and 707.2 (1981). The case was submitted against him on alternative theories of premeditated murder and felony murder. He contends the evidence of the felony was insufficient for submission of felony murder, the court erred in instructing on felony murder, he was entitled to a new trial based on newly discovered...

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