State v. Epps

LARSON, Justice.

Dennis Ray Epps was convicted by a jury of willful injury, § 708.4, The Code 1979. He now appeals from judgment entered on the verdict, alleging the trial court erred in (1) permitting an alternate juror to retire with the jury after the close of the evidence and thereafter communicating with the jur- or in his and his counsel’s absence; (2) failing to grant his motion for new trial on the ground the conviction was contrary to the evidence; (3) improperly instructing the jury; (4) admitting testimony which was beyond the scope of the State’s minutes of evidence; and (5)…