State v. Gates

The defendant appeals his conviction by a jury of assault and robbery. We reverse.

I

In the late evening of March 13 or the early morning of March 14, 1980, there was an assault and robbery outside of a Burlington bar. At trial, only one witness, a fourteen-year-old juvenile, identified the defendant as one of the assailants. This juvenile had been an accomplice in the robbery, and testified under a grant of immunity. The defense attempted to impeach her credibility and testimony through extensive cross-examination. On the day of the robbery, the juvenile had ingested twelve sixteen-ounce…