Smith v. Urban

Lyle Brown, Justice.

Curtis Smith was given a life sentence, having been found guilty of being an accessory to the murder of a filling station attendant. Robbery was alleged to have been the motive of the attack. There was no appeal. The matter is here on collateral attack pursuant to our Criminal Procedure Rule No. 1. The trial court refused relief and the defendant appeals. The point determinative of the appeal is Smith’s contention that the State failed to disclose evidence favorable to him and which would have been material to his defense. The trial court specifically found there had been…