People v. Winkler

Defendant appeals from a judgment of the Court of Special Sessions convicting him, after trial, of the crime of assault in the third degree. Brought up for review also is an order denying his motion for a new trial on the ground of newly discovered evidence.

According to the complaining witness, who is a patrolman, the assault occurred while defendant was seated in an illegally parked automobile. After handing defendant a summons, the officer requested and was given his driver’s license. When the officer returned the license by passing it through an open window of the vehicle, defendant turned…