head was fractured at theit was basilar skull fracture, and there was a clear fracture in the X-ray of the left temporal bone. This caused bleeding into the brain in several areas. There was subarachnoid hemorrhage, which bled into the right temporal lobe of the brain. It bled into the right parietal lobe of the brain. There was blood in his left sphenoid sinus, and they thought, in addition, there might have been a medullar hemorrhage, as well. This victim, Mr. Boyum, was within one inch of his life, and that is serious physical injury.
"Now, on serious and protracted disfigurement, he has about a two-inch-long, half-inch-wide divot in his left forehead in the temporal region, which I can see easily at 40 feet, as he sits here andfewer medical records concerning Boyum's head injury than had been offered at the criminal trial. His evidence consisted of a three-page emergency room report that summarized the procedures performed on Boyum in the emergency room and the diagnosis of his condition, and a one-page chart report that showed that Boyum's condition had not worsened between the time that he left the emergency room and the time that he was discharged from the hospital. Neither petitioner nor defendant offered the balance of the medical records that had been received at the criminal trial.
After hearing the evidence, the post-conviction relief court granted relief in the form of a new trial of the assault charge. It explained its decision in a letter opinion:
"At trial the only evidence regarding the injury was