Fox v. State

CHIPMAN, Judge.

Defendant Thomas Fox was convicted by a jury of two counts of Aggravated Assault and Battery. 1 On appeal, Fox raises the following issues for our review:

1. whether there was sufficient evidence to support the convictions, and

2. whether the trial court erred in denying defendant’s motion for a mistrial and motion to strike certain evidence pertaining to police “mug files.”

Reversed.

The facts most favorable to the State show Fox created a bar-room disturbance shortly after midnight on September 7, 1973. The bar was crowded when Fox began to harass a patron. Lois Sullivan, a…