STATE v. CALDWELL

No. 16287.

735 P.2d 1059 (1987)

112 Idaho 748

STATE of Idaho, Plaintiff-Appellant, v. Barry Kent CALDWELL, Defendant-Respondent.

Court of Appeals of Idaho.

Petition for Review Denied May 19, 1987.


Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., for plaintiff-appellant.

Stanley G. Cole, Rupert, for defendant-respondent.


SWANSTROM, Judge.

A jury found Barry Caldwell guilty of grand theft. Caldwell moved for a new trial, contending that he had located a previously unavailable witness who could offer new evidence to support Caldwell's defense. The district court granted the motion. The state appeals, asserting that Caldwell's newly discovered evidence does not meet the requirements for granting a new trial. We affirm.

The record reveals the following facts. In October, 1984...

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