275 A.2d 629 (Conn.Cir.Ct. 1971), State v. Anonymous (1971-3)

• Citation: 275 A.2d 629, 6 Conn.Cir.Ct. 393
• Opinion Judge: DEARINGTON, Judge.
• Party Name: STATE of Connecticut v. ANONYMOUS (1971-3).
• Judge Panel: In this opinion KINMONTH and DiCENZO, JJ., concurred.
• Court: Circuit Court of Connecticut

Page 629

275 A.2d 629 (Conn.Cir.Ct. 1971)

6 Conn.Cir.Ct. 393

STATE of Connecticut

v.

ANONYMOUS (1971-3).

Circuit Court of Connecticut.

DEARINGTON, Judge.

Following a trial to the jury, the defendant was found guilty of the crime of negligent homicide and has taken this appeal from the judgment rendered on the verdict. In his appeal he has assigned five errors: (1) The court erred in refusing to correct the finding. (2) The court failed to set aside the verdict because it was not supported by the evidence and was based on speculation and conjecture. (3) The court erred in refusing to permit interrogatories to be submitted to the jury. (4) The court erred in refusing to charge the jury as requested. (5) The court erred in its charge in that it was inadequate in respect to the question of causation of death and failed to eliminate the issue of negligence from conjecture and speculation.

Since the assignment of error directed to the finding has not been briefed, we treat it as having been [6 Conn.Cir.Ct. 394] abandoned. State v. Jones, 124 Conn. 664, 665, 2 A.2d 374. We first consider the denial of the motion to set aside the verdict. On the question whether the evidence was sufficient beyond a reasonable doubt to sustain the conviction or whether the verdict was based on speculation and conjecture, we review the evidence as set forth in the transcript. Practice Book § 960.

There was evidence from which the jury could reasonably find the following facts: Following a stag party the accused and the deceased were returning home in a 1961 Chevrolet sedan owned by the accused. The vehicle was involved in a one-car accident.

Page 630

In the area of the accident, highway construction was in progress, and the evidence indicated that the vehicle left the highway and traveled some 148 feet, struck a power company stanchion and continued on a distance of 79 feet, striking a huge concrete block located some thirteen feet westerly of the traveled portion of the highway. The accident resulted in extensive damage to the vehicle. The front of the car was pushed in to the extent that the front fire wall and dash were jammed into the right front seat and the right door was pushed in and had to be pried open. The battery of the vehicle was found smashed approximately forty feet from the vehicle, and the right front wheel, with its inflated tire attached, was found ten feet southeasterly of the vehicle...