State v. Dean

OPINION

By HORNBECK, J.

This is an appeal on questions of law from an order of the Presiding Judge of the Court of Common Pleas sustaining defendant-appellee’s motions for new trial. We hereinafter refer to defendant-appellee, Homer Jack Dean, as Dean. The motions for new trial were originally filed after Dean’s conviction by the verdict of a jury of murder in the first degree. His sentence and judgment had theretofore been reviewed on appeal and affirmed.

The error assigned is that the court abused its discretion in sustaining the motions and granting a new trial to Dean.

The brief in favor of…