Territory of Hawaii v. Kum Foo Sung

OPINION OF THE COURT BY

DE BOLT, J.

The defendant was convicted of assault and battery on one, C. August Herring, upon an indictment charging him with the crime of assault and battery with a weapon obviously and imminently dangerous to life, “to-wit, a large stick.”

The defendant moved for a new trial, one ground assigned, and the only ground now relied upon, being that of newly discovered evidence, which, it is claimed, bears upon the fact as to whether or not the complaining witness, Herring, threatened defendant with a pistol at the time of the alleged assault. The defendant testified at the-…