STATE v. PUGSLEY

No. 18506.

803 P.2d 563 (1991)

119 Idaho 62

STATE of Idaho, Plaintiff-Respondent, v. Paul Joseph PUGSLEY, Defendant-Appellant.

Court of Appeals of Idaho.

January 4, 1991.


Attorney(s) appearing for the Case

Byington, Holloway, Whipple & Jones, Burley, for plaintiff-appellant. Edwin W. Carter argued.

Hon. Jim Jones, Atty. Gen., James E. Leuenberger, Deputy Atty. Gen., Boise, for defendant-respondent. James E. Leuenberger argued.


SILAK, Judge.

A jury convicted Paul Pugsley of aggravated assault. I.C. § 18-901(a); § 18-905. Following the trial, but prior to sentencing, Pugsley discovered a witness who offered hearsay testimony to impeach one of the state's main witnesses. Pugsley made a motion for a new trial, which the district court denied. Pugsley appeals.

The events which gave rise to this case occurred in the early morning of October 9, 1988. At trial, the prosecution...

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