The man was charged with two counts of aggravated assault, went to trial
before the Judge Wallace Hoggatt, who heard the evidence without a jury.
The “victim” testified that the man punched him and struck
him in the head with a gun. The “attacker” was sentenced to
7.5 years in prison.
A post-conviction petition for a new trial was filed after a witness came forward and said that the “victim” admitted that the “attacker” never attacked him. The witness said that the “victim” made up the story because he believed that the “attacker had sex with his daughter.
The Judge vacated the conviction and ordered a new trial and the charge was dismissed. The “attacker” was actually convicted years later of a different aggravated assault and sentenced to seven years in prison.
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