State v. Valmoja

This appeal is from a conviction of assault in the third degree after a trial before the district judge. The appeal presents the question whether the manner in which the district judge conducted the trial denied a fair trial to the defendant. Since we find it necessary to reverse, we will comment on only two of the alleged errors.

Subpoenas issued at the request of the defendant were served 10 days prior to the trial for three defense witnesses, of whom only one appeared at the trial. A continuance requested by the defendant at the outset of the trial because of the absence of two of the…