State v. Kidwell

The opinion of the court was delivered by

Fromme, J.:

This appeal is by the state from an order granting a new trial following defendant’s conviction of first degree murder.

After verdict of guilty Thomas M. Kidwell filed a motion for new trial alleging nine grounds of error. All but two of these grounds were overruled. The two remaining were:

“1. For the reason that tire verdict is not sustained by sufficient evidence.”

“3. That the County Attorney was guilty of misconduct which prevented the Defendant from having a fair trial as follows, to-wit: The County Attorney, by his own statement before…