State v. Allen

Gregory, Justice:

The respondent, William Henry Allen, Jr., was convicted of assault and battery with intent to kill. The State appeals from an order granting him a new trial on the basis of after-discovered evidence. We reverse.

At trial, the respondent testified he cut the prosecuting witness, Ballard, in self-defense after being threatened with injury and extortion. Ballard denied he made any threats. Approximately five months after the trial, it was discovered Ballard had a prior conviction for federal extortion. Respondent moved for and was granted a new trial because of after-discovered…