State v. Mallette

CourtSupreme Court of Connecticut
Writing for the CourtBefore KING; HOUSE
Citation153 Conn. 584,219 A.2d 447
PartiesSTATE of Connecticut v. John W. MALLETTE, III.
Decision Date26 April 1966

Page 447

219 A.2d 447
153 Conn. 584
STATE of Connecticut
v.
John W. MALLETTE, III.
Supreme Court of Connecticut.
April 26, 1966.

[153 Conn. 585]

Page 448

Samuel H. Woltch, Special Public Defender, for appellant (defendant).

Joseph T. Gormley, Jr., Asst. State's Atty., with whom, on the brief, was Otto J. Saur, State's Atty., for appellee (state).

Before [153 Conn. 584] KING, C.J., and MURPHY, ALCORN, SHANNON and HOUSE, JJ.

[153 Conn. 585] HOUSE, Associate Justice.

Upon a trial by jury the defendant was found guilty of the crimes of robbery with violence; General Statutes § 53-14; and carrying a dangerous weapon without a permit. General Statutes § 53-206. He assigns but three errors: (1) The court erred in denying the motion of the defendant to dismiss both counts of the information because the state had not proved his guilt beyond a reasonable doubt. (2) The court failed to set aside the verdict because the defendant was not, upon all the evidence, proved guilty beyond a reasonable doubt. (3) The court erred in its charge regarding the defendant's alibi defense and did not charge to the same effect on the issue of identification.

There is no merit whatsoever to the appeal.

On the question whether the evidence was sufficient beyond a reasonable doubt to sustain the conviction, we review the evidence which has been printed in the appendices to the briefs. State v. Taylor, 153 Conn. 72, 87, 214 A.2d 362; State v. Carroll, 152 Conn, 703, 204 A.2d 412.

[153 Conn. 586] On the charge of robbery with violence, the jury had for consideration the testimony of the proprietor of a package store that, at the time charged, the defendant entered his store with a loaded, nickelplated revolver in his hand, demanded money from the proprietor, took $74 from the cash register, took his wallet, required him to lie on the floor and then fled. The defendant does not question the fact that a robbery with violence was committed but denies that he committed it. The proprietor testified that he was sure of the indentity of the defendant as the man who robbed him. By their verdict the jury indicated that they were satisfied with the identification of the defendant by the complaining witness and did not credit the attempted defense

Page 449

alibi. These were questions for the jury to decide, and the evidence clearly supports their conclusion. State v. Hodge, 153 Conn.--, 219 A.2d 367; State v. Bill, 146 Conn. 693, 696, 155 A.2d 752; State v. LaFountain, 140...

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25 practice notes
  • Tough v. Ives
    • United States
    • Supreme Court of Connecticut
    • January 26, 1972
    ...Practice Book §§ 249, 251, 252; Gulia v. Ortowski, 156 Conn. 40, 44, 238 A.2d 396; State v. Mallette, 153 Conn.584,[162 Conn. 287] 587, 219 A.2d 447. Furthermore, the written request which the plaintiff gave to the court on this issue is substantially that which the plaintiff now claims as ......
  • State v. Coleman
    • United States
    • Supreme Court of Connecticut
    • October 22, 1974
    ...therefore, presumed to have been correct. Begley v. Kohl & Madden Printing Ink Co., 157 Conn. 445, 451, 254 A.2d 907; State v. Mallette, 153 Conn. 584, 587, 219 A.2d 447. 'It is essential to any orderly trial that the jury be presumed, in the absence of a fair indication to the contrary, to......
  • State v. Cobbs
    • United States
    • Supreme Court of Connecticut
    • March 7, 1973
    ...exceptions which were taken to the charge as given are considered. Gulia v. Ortowski, 156 Conn. 40, 44, 238 A.2d 396; State v. Mallette, 153 Conn. 584, 587, 219 A.2d 447. In this case, however, the exception taken by the defendant repeatedly makes reference to his request to charge on the s......
  • State v. Vars
    • United States
    • Supreme Court of Connecticut
    • November 29, 1966
    ...of the trial are tested by the claims of proof in the finding and not by the evidence. Practice Book §§ 635, 348; State v. Mallette, 153 Conn. 584, 587, 219 A.2d 447; State v. DaVila, 150 Conn. 1, 5, 183 A.2d 852; State v. Harris, 147 Conn. 589, 599, 164 A.2d 399, 83 A.L.R.2d 783; Maltbie, ......
  • Request a trial to view additional results
25 cases
  • Tough v. Ives
    • United States
    • Supreme Court of Connecticut
    • January 26, 1972
    ...Practice Book §§ 249, 251, 252; Gulia v. Ortowski, 156 Conn. 40, 44, 238 A.2d 396; State v. Mallette, 153 Conn.584,[162 Conn. 287] 587, 219 A.2d 447. Furthermore, the written request which the plaintiff gave to the court on this issue is substantially that which the plaintiff now claims as ......
  • State v. Coleman
    • United States
    • Supreme Court of Connecticut
    • October 22, 1974
    ...therefore, presumed to have been correct. Begley v. Kohl & Madden Printing Ink Co., 157 Conn. 445, 451, 254 A.2d 907; State v. Mallette, 153 Conn. 584, 587, 219 A.2d 447. 'It is essential to any orderly trial that the jury be presumed, in the absence of a fair indication to the contrary, to......
  • State v. Cobbs
    • United States
    • Supreme Court of Connecticut
    • March 7, 1973
    ...exceptions which were taken to the charge as given are considered. Gulia v. Ortowski, 156 Conn. 40, 44, 238 A.2d 396; State v. Mallette, 153 Conn. 584, 587, 219 A.2d 447. In this case, however, the exception taken by the defendant repeatedly makes reference to his request to charge on the s......
  • State v. Vars
    • United States
    • Supreme Court of Connecticut
    • November 29, 1966
    ...of the trial are tested by the claims of proof in the finding and not by the evidence. Practice Book §§ 635, 348; State v. Mallette, 153 Conn. 584, 587, 219 A.2d 447; State v. DaVila, 150 Conn. 1, 5, 183 A.2d 852; State v. Harris, 147 Conn. 589, 599, 164 A.2d 399, 83 A.L.R.2d 783; Maltbie, ......
  • Request a trial to view additional results

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