State v. Scalzo

Defendant, having been found guilty of assault in the second degree,1 appeals from his conviction.

On August 15, 1963, the complaining witness, Guy Lillemoe, was leaving his place of business at 1804 East Lake Street, Minneapolis, when he was accosted by a stranger who demanded his money and threatened his life. Mr. Lillemoe, who was then behind the wheel of his automobile, threw up his arm to ward off the bandit and sped away from the scene. As he did so, the bandit’s gun was fired, wounding Lillemoe under the left arm.

Some 20 months later Lillemoe appeared at a police lineup and identified…