State v. Anonymous (1971-7)

• Decision Date: 19 December 1969
• Citation: 275 A.2d 825,6 Conn.Cir.Ct. 462
• Parties: STATE of Connecticut v. ANONYMOUS (1971-7) * . . CASALE, Judge. The defendant, after a trial to the court, was found guilty on an information charging him with the crime of changing the reading of the odometer of a motor vehicle on or about
• Court: Connecticut Circuit Court

Page 825

275 A.2d 825

6 Conn.Cir.Ct. 462

STATE of Connecticut v. ANONYMOUS (1971-7) ^*.

Circuit Court of Connecticut.

CASALE, Judge.

The defendant, after a trial to the court, was found guilty on an information charging him with the crime of changing the reading of the odometer of a motor vehicle on or about December 19, 1969, in violation of Public Acts 1969, No. 131, which amended General Statutes § 14-145, effective October 1, 1969. ¹ General Statutes § 2-32.

Section 14-145, as amended, reads in relevant part: '(N)o person or his agent, with intent to sell or otherwise dispose of any motor vehicle, shall turn back or change the reading on the odometer of such motor vehicle.'

The finding which, for the most part is unchallenged by the defendant, discloses the following factual situation. In June, 1969, a 1965 Chevrolet station wagon was transferred to a motors company. At that time the odometer of this motor vehicle registered about 76,000 miles. In August, 1969, the same vehicle was displayed on the company premises and was advertised for sale for $1000, with the odometer registering about 38,000 miles. On or about December 19, 1969, this vehicle was advertised for sale for $795, and in response to the advertisement, on December 19, 1969, a prospective buyer went to the company premises and discussed the vehicle with a salesman. On that date the odometer registered about 39,000 miles. The salesman named the previous owner of the vehicle, which was not urchased. The defendant at all times heretofore mentioned was president of the motor company.

From those facts, the trial court arrived at the following conclusions: (1) The vehicle in question was in the possession of the motors company from June, 1969 to December 19, 1969, (2) The defendant was the president and duly authorized agent of the company. (3) The odometer of the vehicle was turned back during this period by the defendant or his agent with intent to sell. (4) On December 19, 1969, the vehicle, with its odometer turned back from its original mileage of 76,000 miles to about 39,000 miles, was displayed with intent to sell. (5) The defendant was guilty beyond a reasonable doubt of violating § 14-145, as amended.

The defendant moved to correct the finding by striking conclusions (3), (4), and (5) and by adding to the finding a paragraph stating that the odometer was not turned back on or after October 1, 1969. The court denied the motion to correct in toto, and the denial is assigned as error by the defendant.

Upon the assignment that the court erred in finding the defendant guilty, we determine from the entire evidence whether the court erred in holding that guilt was established beyond a reasonable doubt, and it is not necessary to consider in detail the other claims of error directed to the finding. State v. Pundy, 147 Conn. 7, 8, 156 A.2d 193.

Two elements make up the offense charged here under § 14-145, as amended: (a) turning back or changing the reading of the odometer of a motor vehicle, and (b) committing that act with intent to sell or otherwise dispose of the vehicle. To gain a conviction, both elements must be shown to have been committed on or after October 1, 1969, the effective date of § 14-145, as amended. Prior to the enactment of the 1969 Public Act No. 131, amending § 14-145, it was not unlawful for the owner of a motor vehicle to turn back or change the reading of the odometer thereof preparatory to selling or otherwise disposing of the vehicle.

Upon the conclusion of the state's evidence, the defendant rested without offering any evidence.

It is settled law that a...