People v. Foster

Defendant’s non-jury trial resulted in his conviction of first degree murder, 1 and he was sentenced therefor. His motions for new trial were denied, and he appeals the conviction and sentence as well as the denial of the motions for new trial. The appeal raises questions of admission of testimony, validity of findings of fact by the trial judge, and abuse of discretion by the latter in permitting the prosecuting attorney to ask leading questions and in denying defendant’s motion for new trial based on a claim of newly discovered evidence.

On February 28, 1964, at about 9:30 a.m., defendant…