People v. Caputalo

These two defendants were tried and convicted before Allen, J., of assault in the second degree at the May, 1930, term of this court. Thereafter a motion was made before Judge Allen to set aside the verdict on the ground of newly-discovered evidence, the newly-discovered evidence being that the complaining witness *345had a record of several convictions against him which was unknown at the time of the trial. The motion was granted and the defendants retried before me.

On the new trial the complaining witness admitted the convictions. The defendants, nevertheless, were convicted of assault in the…