State v. Carroll
Citation | 204 A.2d 412,152 Conn. 703 |
Court | Supreme Court of Connecticut |
Decision Date | 29 October 1964 |
Parties | STATE of Connecticut v. Richard J. CARROLL. Supreme Court of Errors of Connecticut |
George Gilman, Public Defender, for appellant (defendant).
Allyn L. Brown, Jr., State's Atty., for appellee (state).
Before KING, C. J., and MURPHY, ALCORN, COMLEY and SHANNON, JJ.
The defendant, in a trial to the court, was found guilty of the crime of assault with intent to commit rape. General Statutes, § 53-239. The defendant entered a plea of guilty to simple assault but was tried on the more serious charge.
The sole issue on this appeal is whether the evidence was sufficient, beyond a reasonable doubt, to sustain the conviction. To determine this question, it is necessary to review the evidence which has been printed in the appendices in the briefs. The finding is superfluous. State v. Bill, 146 Conn. 693, 694, 155 A.2d 752; Putney v. Lehigh Truck Equipment Corporation, 145 Conn. 731, 141 A.2d 482. While the state printed no appendix, the defendant did. From the testimony of the witnesses and the exhibits, there was sufficient evidence to sustain the court's conclusion that the assault upon the complaining witness by the defendant was with the intent of forcibly having sexual relations with her against her will.
There is no error.
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State v. Allen
...beyond a reasonable doubt. This claim must be tested by a review of the evidence printed in the appendices to the briefs. State v. Carroll, 152 Conn. 703, 204 A.2d 412. It is quite unnecessary to lengthen this opinion by adding to the facts already related all further details disclosed by t......
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......149] in the appendices to the briefs. Practice Book § 644; State v. Moreno, 156 Conn. 233, 236, 240 A.2d 871. For this purpose the finding, except for its application to the ruling on evidence, is superfluous. State v. Carroll, 152 Conn. 703, 204 A.2d 412; State v. Pundy, 147 Conn. 7, 8, 156 A.2d 193; State v. Bill, 146 Conn. 693, 694, 155 A.2d 752; Maltbie, Conn.App.Proc. § 213; see also State v. Foord, 142 . Page 157. Conn. 285, 286, 113 A.2d 591; State v. Malm, 142 Conn. 113, 115, 111 A.2d 685. Since, however, the ......
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