State v. Kilpatrick

Defendant, convicted after a jury trial of Robbery in the First Degree, ORS 164.415, 1 and sentenced to fifteen years, assigns two errors on appeal: First he claims that the indictment against him should have been dismissed because of the unexplained disappearance of traces of blood from the knife which was the weapon used in the robbery; second, he claims the trial court abused its discretion in denying him a new trial based upon newly discovered evidence allegedly likely to change the outcome. We agree that defendant is entitled to a new trial, and reverse.

The victim, Loren Russell, was…