STATE v. SEAGER

No. 96-1328.

571 N.W.2d 204 (1997)

STATE of Iowa, Appellant, v. Monte Wendell SEAGER, Appellee.

Supreme Court of Iowa.

Rehearing Denied November 25, 1997.


Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Ann E. Brenden and James Kivi, Assistant Attorneys General, and Michael A. Riepe, County Attorney, for appellant.

Linda Del Gallo, State Appellate Defender, and John P. Messina, Assistant State Appellate Defender, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, NEUMAN, ANDREASEN, and TERNUS, JJ.


TERNUS, Justice.

Defendant, Monte Seager, has been charged twice for the 1978 murders of Clementine Beavers and her daughter, Karol. The first charge was dismissed in 1984, after the district court had suppressed the alleged murder weapon because the search warrant under which it had been seized lacked probable cause. After a second warrant was obtained and executed in 1993 to seize the same weapon, Seager was again charged...

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