STATE v. SCHOLTZ


392 A.2d 1101 (1978)

STATE of Maine v. Steve SCHOLTZ.

Supreme Judicial Court of Maine.

October 30, 1978.


Attorney(s) appearing for the Case

Joseph M. Jabar (orally), Dist. Atty., Wayne Theriault, Legal Intern, Augusta, for plaintiff.

C. J. & N. C. Bourget by Joseph M. O'Donnell, Augusta (orally), for defendant.

Before McKUSICK, C. J., and ARCHIBALD, DELAHANTY, GODFREY and NICHOLS, JJ.


PER CURIAM.

Steve Scholtz was convicted of aggravated assault (17-A M.R.S.A. § 208) and sentenced to serve four years in the Maine State Prison. We sustain his timely appeal, vacate the judgment of conviction and remand to the Superior Court for a new trial.

There was a sharp dispute in the testimony over (1) whether the defendant acted in self defense and (2) whether it was the defendant who actually committed the assault. The victim himself was unable...

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