STATE v. DAVIS

No. 87-906.

442 N.W.2d 134 (1989)

STATE of Iowa, Plaintiff-Appellee, v. Shawn Eugene DAVIS, Defendant-Appellant.

Court of Appeals of Iowa.

April 25, 1989.


Attorney(s) appearing for the Case

William L. Wegman, State Public Defender, and Raymond E. Rogers, Asst. Public Defender, for defendant-appellant.

Thomas J. Miller, Atty. Gen., and Mary Cowdrey, Student Intern, for plaintiff-appellee.

Heard by OXBERGER, C.J., and DONIELSON and SCHLEGEL, JJ., but considered en banc.


SCHLEGEL, Judge.

The sole issue in this appeal is whether the trial court erred in denying a new trial on the basis of newly discovered evidence. We believe it did, and reverse for a new trial.

Defendant was involved in an altercation with the victim, Tommy Laws. Defendant's evidence tended to show that he was attempting to put an end to a misunderstanding, and in the process, was pushed and assaulted by Laws. Defendant testified that he became concerned that...

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