Coalley v. State

Banke, Judge.

The appellant was convicted of aggravated assault. He appeals the denial of his motion for new trial, in which he alleged, among other things, the existence of newly discovered evidence which would have produced a different verdict had it been available at trial.

The evidence shows that the appellant and an acquaintance named Gerald Cross entered into an altercation at the Oasis Club one evening in Mt. Airy. The dispute ended, at least temporarily, when Cross hit the appellant over the head with a billy club. The appellant’s wife helped him into their car, and they left.

A few…