State v. Caldwell

735 P.2d 1059 (1987)

112 Idaho 748

STATE of Idaho, Plaintiff-Appellant,

v.

Barry Kent CALDWELL, Defendant-Respondent.

No. 16287.

Court of Appeals of Idaho.

March 13, 1987.

Petition for Review Denied May 19, 1987.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., for plaintiff-appellant.

Stanley G. Cole, Rupert, for defendant-respondent.

SWANSTROM, Judge.

A jury found Barry Caldwell guilty of grand theft. Caldwell moved for a new trial, contending that he had located a previously unavailable witness who could offer new evidence to support Caldwell's defense. The district court granted the motion. The…