State v. Neal

The opinion of the court was delivered by

Herd, J.:

This is an appeal by the State, pursuant to K.S.A. 1987 Supp. 22-3602(b)(4), from the trial court’s order granting a new trial to defendant Michael Neal following his convictions of felony theft, K.S.A. 1987 Supp. 21-3701, and aggravated robbery, K.S.A. 21-3427. The trial court ordered a new trial on the basis of newly discovered evidence, pursuant to K.S.A. 22-3501(1). The sole issue on appeal is whether the court abused its discretion in granting the new trial. We affirm.

The events leading to Neal’s conviction are as follows. A woman in…