275 A.2d 825 (Conn.Cir.Ct. 1971), State v. Anonymous (1971-7)

• Citation: 275 A.2d 825, 6 Conn.Cir.Ct. 462
• Opinion Judge: CASALE, Judge.
• Party Name: STATE of Connecticut v. ANONYMOUS (1971-7) [*].
• Judge Panel: In this opinion DiCENZO and KINMONTH, JJ., concurred.
• Court: Circuit Court of Connecticut

Page 825

275 A.2d 825 (Conn.Cir.Ct. 1971)

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 [6 Conn.Cir.Ct. 463] 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

Page 826

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...