STATE v. KITE

No. 93-106.

513 N.W.2d 720 (1994)

STATE of Iowa, Appellee, v. Gerald L. KITE II, Appellant.

Supreme Court of Iowa.

March 23, 1994.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Andi S. Lipman, Asst. State Appellate Defender, for appellant.

Bonnie J. Campbell, Atty. Gen., Richard J. Bennett, Asst. Atty. Gen., Michael P. Short, County Atty., and Gordon Liles and David A. Andrusyk, Asst. County Attys., for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, LAVORATO, and NEUMAN, JJ.


PER CURIAM.

Gerald Lynn Kite II appeals from his conviction for second-degree robbery. Because we find he was denied his right of confrontation, we reverse.

Morris Ricketts, a convenience store clerk, saw Kite steal a twelve-pack of beer from the store's cooler. Ricketts says Kite tried to hit him while trying to escape. A regular customer at the store witnessed the theft, but saw Kite try to strike Ricketts only after Ricketts had apprehended Kite and held...

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