State v. Silvers

Loring, Chief Justice.

This case comes to the writer on reassignment. 2

Defendant was convicted of assault in the second degree. His motion for a new trial was denied, and he appeals to this court.

As we view the record, a careful examination of it requires a reversal because of the asking of prejudicial questions by the prosecution. Complainant had invited defendant to his house to confer about defendant’s conduct toward complainant’s wife. He admitted that during the course of this conference he used language toward defendant, calculated to provoke the breach of the peace which, he says,…