Canada

A jury convicted defendant of attempted robbery. Motion for a new trial was denied. Defendant appeals from the judgment and order denying a new trial. It is conceded the evidence is sufficient to sustain the verdict. The sole specification of error is that the court abused its discretion in denying a new trial.

Oscar Hatcher, a foreman at Douglas Aircraft, testified that about 4 p.m. on Friday, May 22, 1959, he parked his car in the parking lot of Bank of America at Holmes and Florence Avenues. He rolled up the windows, locked the car, and went into the bank to cash a check. He cashed the check, returned to the car, got in, and rolled the window down on the driver’s side. He started the motor, placed the car in reverse, and reached over to release the emergency brake. As he did, he was “hit on the side of the head” by someone’s fist. The person who hit him was a man. The man was standing outside the window of the ear, demanded Hatcher’s money, swore at him, and struck him twice more. Hatcher noticed the man had a piece of paper in his hand. After the third blow the man opened the car door. Hatcher depressed the accelerator and the car “jumped back,” throwing the man to the…