State v. Cuevas

On January 1, 1977, George Weeks was found shot to death outside his Des Moines home. After several months of investigation the State filed a murder charge against defendant Cuevas. Following jury trial defendant was convicted of first-degree murder, sections 690.1-.2, The Code 1977. He now appeals from judgment sentencing him to life imprisonment. We reverse and remand for new trial.

From the evidence the jury could have found the following facts. On the evening of December 81, 1976, defendant, his wife Mary, and Peter Miover went out in the Cuevas car to burglarize a home. They abandoned…