STATE v. KELLOGG

No. 84-1829.

385 N.W.2d 558 (1986)

STATE of Iowa, Appellee, v. Michael Lee KELLOGG, Appellant.

Supreme Court of Iowa.

As Corrected May 1, 1986.


Attorney(s) appearing for the Case

Charles L. Harrington, Appellate Defender, and John P. Messina, Asst. Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Pamela Greenman Dahl, Asst. Atty. Gen., James A. Smith, Co. Atty., and Mark Feldmann, Asst. Co. Atty., for appellee.

Considered en banc.


LARSON, Justice.

Michael Lee Kellogg was convicted of first-degree murder. Iowa Code §§ 707.1, 707.2 (1983). On appeal, he claims the trial court erred in (1) admitting a pretrial deposition of a State's witness; and (2) instructing the jury that the witness was an accomplice as a matter of law. We affirm.

The victim, Jerry Lee Snyder, was killed in the early morning of February 23, 1984. His body was...

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