State v. Davis

• Court: Connecticut Supreme Court
• Writing for the Court: Before KING; SHANNON
• Citation: State v. Davis, 215 A.2d 414, 153 Conn. 228 (Conn. 1965)
• Decision Date: 09 December 1965
• Parties: STATE of Connecticut v. Joseph DAVIS. Supreme Court of Errors of Connecticut

Page 414

215 A.2d 414

153 Conn. 228

STATE of Connecticut v. Joseph DAVIS.

Supreme Court of Errors of Connecticut.

Dec. 9, 1965.

William Barnett, Special Asst. Public Defender, for appellant (defendant).

George D. Stoughton, Asst. State's Atty., with whom, on the brief, was John D. LaBelle, State's Atty., for appellee (state).

Before KING, C. J., and MURPHY, ALCORN, SHANNON and HOUSE, JJ.

SHANNON, Associate Justice.

In a trial to the court the defendant was found guilty of the crime of obtaining, by false pretenses, money and goods of the total value of $93.20. He claims that the state did not prove his guilt beyond a reasonable doubt. The defendant filed a request for a finding in which he stated the question to be reviewed was that 'upon all the evidence' he was not proven guilty beyond a reasonable doubt. To review that claim a finding was not necessary and should not have been requested since that claim could be tested only by the evidence as printed in the appendices to the briefs. State v. Taylor, 153 Conn. 72, 214 A.2d 362; State v. Pundy, 147 Conn. 7, 9, 156 A.2d 193; State v. Bill, 146 Conn. 693, 694, 155 A.2d 752.

There was evidence that on October 1, 1960, a man entered a package store in New Britain, known as the North Package Store. He ordered four bottles of liquor and tendered a check for $93.20 in payment. This check was forged and was one of several stolen from the office of Emil Polce and Sons in Hartford. The main defense was that it was a case of mistaken identity. There was ample...