KTIV NewsChannel 4 Sioux City IA: News, Weather and SportsIowa court upholds Newton slaying
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Associated Press - November 12, 2009 5:54 PM ET
DES MOINES, Iowa (AP) - The Iowa Court of Appeals has upheld the second-degree murder conviction of a man who killed a Newton man over grass clippings that were passed off as marijuana.
Justin Robuck was found guilty in Jasper County in the 2007 slaying of Jerry Pittman II. An autopsy showed Pittman was stabbed 29 times.
Another man, Tyler Oberhart, was convicted of first-degree murder in the slaying.
Court records show Oberhart and Robuck went to Pittman's house to confront him about the grass clippings.
The court of appeals on Thursday rejected Robuck's claim the district court should have allowed expert testimony showing he did not form intent at the time of the attack. Intent is not an element required for a second-degree murder conviction.
The court also rejected Robuck's claim of improper jury instructions.
Assistant Jasper County Attorney Scott Nicholson says he is very pleased with the court's decision.
A telephone message left Thursday for Robuck's attorney was not immediately returned.
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