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STATE v. AMES

No. 16343.

730 P.2d 1064 (1986)

112 Idaho 144

STATE of Idaho, Plaintiff-Appellant, v. Roger L. AMES, Defendant-Respondent.

Court of Appeals of Idaho.

December 30, 1986.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-appellant.

Dale W. Kisling, Pocatello, Michael F. Heyrend (argued), and Thomas P. Melloy (Watkiss and Campbell), Salt Lake City, Utah, for defendant-respondent.

WALTERS, Chief Judge.

A jury found Roger Ames guilty of assault with intent to commit a serious felony in connection with a sexual attack on an elderly lady. Ames was not able to locate an alibi witness for the trial. When the witness was later found, Ames sought a new trial based on newly discovered evidence stemming from the witness's testimony, which would support Ames' alibi. The district court granted the motion, and...

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