Bentley v. State

DIMOND, Justice.

This is an appeal from an order of the superior court denying appellant’s motion under Criminal Rule 35(b) to vacate and set aside sentence.

Appellant was convicted of assault with a dangerous weapon. At the trial the complaining witness, Omar, testified that in an altercation in a bar appellant had hit him in the stomach and that later Omar discovered he had been stabbed.

A prosecution witness, Mrs. Doreen Fam-brough, testified that she saw appellant stab Omar with a knife. On cross examination Mrs. Fambrough at first denied, and then later admitted, having told appellant that…