United States v. Stahls

STECKLER, Chief Judge.

On June 20, 1960, a jury found defendant guilty of assault with a dangerous weapon, with intent to do bodily harm to one Charles Lee Ison, a fellow inmate at the Terre Haute, Indiana, federal penitentiary, in violation of Title 18 U.S.C. § 113(c). He was sentenced to a term of five years to run consecutively to the sentence he was then serving.

Defendant filed a motion for a new trial on September 9, 1960, on the ground of newly discovered evidence which consisted of two named eyewitnesses who would testify that the victim, Ison, started the incident with an unprovoked…