State v. Scholtz

Steve Scholtz was convicted of aggravated assault (17 — A M.R.S.A. § 208) and sentenced to serve four years in the Maine State Prison. We sustain his timely appeal, vacate the judgment of conviction and remand to the Superior Court for a new trial.

There was a sharp dispute in the testimony over (1) whether the defendant acted in self defense and (2) whether it was the defendant who actually committed the assault. The victim himself was unable to identify the person who allegedly kicked him in the head on numerous occasions. The credibility of the witnesses to the assault was obviously…