STATE v. MORGAN

No. 95-322.

559 N.W.2d 603 (1997)

STATE of Iowa, Appellee, v. Lary Lane MORGAN, Appellant.

Supreme Court of Iowa.

January 22, 1997.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender and Ahmet S. Gonlubol, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Mary Tabor, Assistant Attorney General, Michael Short, Lee County Attorney, Bruce C. McDonald and Gordon Liles, Assistant County Attorneys, and Gerald Partridge, Washington County Attorney, for appellee.

Considered by HARRIS, P.J., and CARTER, NEUMAN, SNELL, and ANDREASEN, JJ.


CARTER, Justice.

Lary Lane Morgan appeals from convictions for first-degree murder, first-degree kidnapping, and first-degree sexual abuse, urging several grounds for reversal. We vacate Morgan's first-degree sexual abuse conviction and otherwise affirm the district court's judgment.

Nine-year-old Anna Marie Emry and her brother, Austin, were spending the weekend of August 12-14, 1994, with their uncle, Robert Emry, in Brighton, Iowa. Robert was caring for...

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