State v. Ames

WALTERS, Chief Judge.

A jury found Roger Ames guilty of assault with intent to commit a serious felony in connection with a sexual attack on an elderly lady. Ames was not able to locate an alibi witness for the trial. When the witness was later found, Ames sought a new trial based on newly discovered evidence stemming from the witness’s testimony, which would support Ames’ alibi. The district court granted the motion, and the state appeals, arguing that the newly offered testimony does not justify the granting of a new trial. We vacate the order granting a new trial and remand the case for…