[DOWNLOAD] "State v. Bill" by Supreme Court of Connecticut # Book PDF Kindle ePub Free

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eBook details

• Title: State v. Bill
• Author : Supreme Court of Connecticut
• Release Date : January 03, 1959
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

The defendant was found guilty of the
crime of indecent exposure in a trial to the
court and has appealed. He claims that the state
did not prove his guilt beyond a reasonable doubt,
that the evidence was insufficient to warrant
conviction, and that the state failed to sustain
the burden of proof as to the alibi he offered.
These claims raise but one question: On all the
evidence, was the defendant guilty beyond a
reasonable doubt of the crime charged? The procedure followed on this appeal did not
properly present the question for review. In a
criminal case tried to the court in which the
sole issue upon appeal is the sufficiency of the
evidence to sustain the conviction, a single
assignment of error stating that claim should be
made when the appeal is taken. Practice Book 385,
388. We then determine upon the entire evidence
whether the trial court erred. State v. Frost,
105 Conn. 326, 332, 135 A. 446; State v. Schofield,
114 Conn. 456, 459, 159 A. 285. No finding of
facts was necessary, since the conviction could
only be tested by the evidence. See Tamarit v.
Ottolini, 145 Conn. 586, 591, 145 A.2d 587.
Because the trial court made a finding, much of
the material in the briefs and in argument has
been directed to the finding rather than to the
evidence. Moreover, counsel have not included in
their appendices all of the relevant evidence in
narrative form. Practice Book 448; Putney v. Lehigh
Truck Equipment Corporation, 145 Conn. 731,
141 A.2d 482. Without the narrative presentation it becomes
necessary for us to review the transcript of the
evidence in order to determine the appeal.

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