State v. Noble

LeGRAND, Justice.

This appeal involves two separate charges of assault and battery arising out of a fight which occurred on a common driveway between defendant’s home and that of his neighbor, Max Street. Following trial in municipal court without a jury, defendant was found guilty and was sentenced to pay a fine of $25.00 or serve five days in jail on each conviction. He appeals from that judgment and we reverse.

We are convinced defendant did not have a fair trial for the reasons hereafter set out. Under such circumstances, we are obligated under section 793.18, The Code, to order a new…