State v. Herfel

Herfel raises four issues on appeal: (1) Whether there was sufficient credible evidence to sustain the jury’s verdict of guilty; (2) whether it was error for a successor judge to hear and determine his motion for a new trial; (3) whether he should have been granted a new trial on the basis of newly discovered evidence; and (4) whether he should be granted a new trial in the interest of justice.

Sufficiency of the evidence.

The facts are in sharp dispute and the determination of guilt depended upon whether the jury believed the complaining witness, a young married woman. We think the jury could…