STATE v. POWELL

No. 20274.

876 P.2d 587 (1994)

125 Idaho 889

STATE of Idaho, Plaintiff-Respondent, v. Chester Leroy POWELL, Defendant-Appellant.

Supreme Court of Idaho, Coeur d'Alene, April 1994 Term.

June 21, 1994.


Attorney(s) appearing for the Case

Daniel P. Featherston, Sandpoint, for appellant.

Larry EchoHawk, Atty. Gen., Thomas P. Watkins, Deputy Atty. Gen. (argued), Boise, for respondent.


JOHNSON, Justice.

This is a criminal case. The only issue presented is whether the trial court abused its discretion in denying defendant's motion for a new trial based on newly discovered evidence. We conclude that the trial court did not abuse its discretion.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

The state charged Chester Leroy Powell with the first-degree murder of Carl Prebor. After a trial, the jury convicted Powell of second-degree...

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