State v. Nelson

Defendant, Oscar Nelson, was indicted for the crime of uttering a forged instrument (a bank check) in violation of section 718.2, Code, 1962. Upon trial he was found guilty and sentenced to the men’s penitentiary. Upon this appeal he assigns two errors for reversal: (1) overruling his motion for new trial based upon claimed newly discovered evidence, and (2) receiving testimony in rebuttal which was not proper for such purpose. We find it necessary to consider only the second of these assignments.

The State’s principal evidence in chief came from Mr. Bowden, assistant manager of an Ottumwa…