State v. Feinberg

• Citation: 134 A. 228,105 Conn. 115
• Court: Supreme Court of Connecticut
• Decision Date: 04 August 1926
• Parties: STATE v. FEINBERG. STATE v. CASPER.

134 A. 228

105 Conn. 115

STATE v. FEINBERG.

STATE v. CASPER.

Supreme Court of Errors of Connecticut.

August 4, 1926

Appeal from Superior Court, Fairfield County; George E. Hinman Judge.

Harris Feinberg and Moe Casper were convicted of statutory arson and they appeal. No error.

The cases were heard together in this court, and with one exception upon identical reasons of appeal as follows:

(1) In denying the accuseds' motion to set aside the verdict on the ground that it was contrary to law, the evidence, and the weight of the evidence.

(2) In admitting the testimony of Daniel E. Johnson.

(3) In refusing to strike out the testimony of Daniel E. Johnson.

(4) In admitting the proof of loss and in subsequently refusing to strike it from the record.

(5) In denying the accuseds' motion for the dismissal of the information against Harris Feinberg.

(6) In ruling that the state's attorney might comment to the jury on the failure of the accused to testify as to the facts material to the fire.

(7) In the comments which were unfair and prejudicial to the accused made to the jury by the State's Attorney concerning the failure of the accused to testify to the facts concerning the fire.

(8) In the action of the state's attorney in persisting in propounding questions to the accused Moe Casper, on cross-examination, which questions were beyond the scope of the cross-examination, and which served to emphasize to the minds of the jury the fact that both accused were not testifying to the facts concerning the fire, which conduct was unfair and prejudicial to the cause of the accused.

Samuel Reich and Henry Greenstein, both of Bridgeport, and Philip Reich, of Brooklyn, N. Y., for appellants.

William H. Comley, State's Atty., and E. Earle Garlick, Asst State's Atty., both of Bridgeport, for the State.

CURTIS, J. (after stating the facts as above.)

The accused moved in the trial court that the verdict should be set aside on the ground that it was contrary to the evidence, and to the weight of the evidence. This motion was denied, and its denial is a ground of appeal.

The entire evidence in the cases as tried is made a part of the record. A review of the evidence discloses that the jury could reasonably have found the following facts: Feinberg and Casper came to Bridgeport from New York and rented a part of an old two-story frame building, consisting of a ground floor store and a second floor which formerly had been the sleeping rooms of a dwelling house, and which was wholly unadapted to business purposes, and they caused all the windows of the second floor to be tightly boarded up, although there were no other means of illumination on the second floor except two small gas jets. They proceeded to store in this second floor a large number of garments which were out of fashion and possessed of but little value; they also purchased, for a nominal price, over 100 garments that had been burned in a fire in New York, and brought them to Bridgeport and stored them in a hall closet on the second floor of the building in question, and on its ground floor the accused conducted a retail business in ladies' coats and dresses of a cheap description, the total value of which, together with all the goods on the second floor, did not much exceed $6,000. There was a marked disproportion between the character and volume of the business carried on and the amount of rent which the accused agreed to pay for the premises.

The accused, immediately upon installing their business in Bridgeport, procured policies of insurance upon the stock of merchandise and fixtures aggregating $28,500, all of which insurance was in effect at the time of the fire. On November 26, 1924, and for some time preceding, the only employee of the concern was a young woman by the name of Krentzman. On November 26, 1924, Feinberg, Casper, and Miss Krentzman were at the store. From 6 o'clock until 6:30 Miss Krentzman was away from the premises, and Feinberg and Casper were there alone. Feinberg complained of being ill and ostensibly left for New York about 8 o'clock in the evening. Miss Krentzman and Casper remained at the store until about half past 9, at which time they left, locking up the store. Miss Krentzman went to her home in Bridgeport, and Casper started for the railroad station to take the 9:46 train for New York. A few minutes before 12 o'clock of that night a fire broke out in the second floor, but was speedily extinguished. When the firemen entered the premises, the two gas jets were found to be wide open, a large quantity of kerosene soaked rags were found, and in two different rooms of the second story were found small burned places on the floor which might have been made by a small flame purposely set to fulfill the purpose of a time fuse. The premises, when entered by the firemen within a few minutes after the alarm of fire gave indications that an intense flame had swept through the second story, notwithstanding there had been little real...