People v. Jones

METZGER, Judge.

Defendant Jones was convicted after a jury trial of theft over $10,000. He raises several contentions of error; we reverse and remand because of the trial court’s denial of his motion for new trial based on newly-discovered evidence.

Defendant worked for Keyboard Carriers, a Denver moving firm. On December 4, 1980, McEwen Music, Inc., hired Keyboard Carriers to deliver a valuable new Lowrey electric organ which it was lending *868to a school for a promotional concert. The delivery was made that day. At approximately 11:00 the following morning, two students saw two men put the organ…