People v. LoPresto

Defendant was charged with assault with intent to murder 1 and was convicted by a jury of felonious assault. 2 He moved for a new trial on the ground of newly discovered evidence. He claims that the trial judge erred in denying this motion and submits seven other assignments of error. Since we conclude that newly discovered evidence warrants a new trial, it will not be necessary to consider the other assignments of error.

There is a lively controversy over the facts in this case. We shall try to separate those which are in dispute from those which are not.

It is clear that Lewis Scott suffered…