State v. Mallar

In this appeal from his conviction for negligent homicide, the defendant raises the following issues: (1) whether the Trial Court (Nadeau, J.) erred in admitting the entire statement of Kathleen Mallar under an exception to the hearsay rule; (2) whether the trial court erred in failing to instruct the jury on simple assault as a lesser-included offense of negligent homicide; and (3) whether the trial court erred in denying the defendant’s motion for a new trial based upon newly discovered evidence. We find no error and affirm.

On December 6, 1983, four weeks after his birth, Michael John…