State v. Pallotti
| Decision Date | 27 July 1934 |
| Citation | 119 Conn. 70,174 A. 74 |
| Court | Connecticut Supreme Court |
| Parties | STATE v. PALLOTTI et al. |
Appeal from Superior Court, Hartford County; Edwin C. Dickenson Judge.
Rocco Pallotti and one Orsini were charged by information with conspiracy to commit an assault and breach of the peace at voting places during an election and other crimes, and from a judgment of guilty on certain counts after trial to the court they appeal.
No error.
W Arthur Countryman, Jr., and Walfrid G. Lundborg, both of Hartford, for the appellant Pallotti.
Francis P. Pallotti, of Hartford, for the appellant Orsini.
Hugh M Alcorn, State's Atty., and Harold E. Mitchell, Asst. State's Atty., both of Hartford, for the State.
Argued before MALTBIE, C.J., and HAINES, HINMAN, BANKS, and AVERY, JJ.
The information charged in the first count that the two appellants, Pallotti and Orsini, with three others named and other persons unknown to the state's attorney, conspired together to commit an assault and breach of the peace at certain places provided by law for voting in voting precincts in Hartford during the city election held November 7, 1933, and that in pursuance of the conspiracy the defendants destroyed certain official voting lists then being used and intimidated and interfered with certain duly constituted election officials then engaged in the performance of their duties and with voters then seeking to exercise their right of franchise, and that the defendants assaulted certain election officials named; and in seven other counts it charged the defendants with assault and breach of peace. The appellants were found guilty upon the first count and certain of the other counts. No change can be made in the finding of the trial court which would be of material advantage to the appellants, and it amply sustains the conclusions of the trial court that they were guilty of the offenses charged in the counts upon which judgment was rendered in favor of the state. Nor does an examination of the evidence, invoked by an assignment of error that the judgment of the court is not supported by the evidence offered in the case, disclose that the trial court could not reasonably come to the conclusions which it did.
The appellant Pallotti assigns error in the denial of a motion he made that the state file a bill of particulars giving more information as to details of the offense charged in the first count. An information may charge an offense merely by the name by which it is known at common law or in the statutes or by merely stating so much of the definition of the offense as will give the court and the accused notice of what offense is intended to be charged. Rules of Pleading in Criminal Actions, § 4. Where an information is filed charging the offense in either of these ways and its allegations fail to inform the accused as to the particulars of the offense sufficiently to enable him to prepare his defense or fail to give him the information to which he is entitled under the Constitution, the accused has a right to such a bill of particulars as may be necessary for these purposes, Rules of Pleading in Criminal Actions, § 5 (1); and in any case the trial court may, if it deems it in the interest of justice, order the state's attorney to furnish a bill of particulars, Rules of Pleading in Criminal Actions, § 5 (2). The information in this case was not drawn in accordance with the provisions of section 4, but stated the...
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State v. Hayes
... ... conducted effectually refutes any claim of bias or prejudice ... on his part. 30 Am.Jur. 790. We cannot hold that the court ... erred in denying the motions for more specific statements, ... which were within its discretion, State v. Pallotti, ... 119 Conn. 70, 72, 174 A. 74; State v. Murphy, 124 ... Conn. 554, 561, 1 A.2d 274; Sachs v. Feinn, 121 ... Conn. 77, 80, 183 A. 384; nor in denying the motions to ... expunge, State ex rel. Bonoff v. Evarts, 115 Conn ... 98, 100, 160 A. 294,161 A. 668; nor does it appear that the ... ...
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State v. Nardini
...Conn. 461, 463, 262 A.2d 166 (1969). Ordinarily a sentence may not be modified if any act is done in execution of it. State v. Pallotti, 119 Conn. 70, 74, 174 A. 74 (1934); see Ex Parte Lange, 85 U.S. (18 Wall.) 163, 176, 21 L.Ed. 872 (1873); Liistro v. Robinson, 170 Conn. 116, 123-24, 365 ......
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State v. McCoy
...is helpful.Early case law explains that a court's jurisdiction over a case ends when the term of that court ends.6 State v. Pallotti , 119 Conn. 70, 74, 174 A. 74 (1934) ("[t]he established rule is that a sentence in a criminal case may be modified at any time during the term of court at wh......
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State v. Coleman
...Book § 495. State v. Beaulieu, 164 Conn. 620, 325 A.2d 263; State v. Davis, supra, 141 Conn. 321, 106 A.2d 159; State v. Pallotti, 119 Conn. 70, 72-73, 174 A. 74. Practice Book § 495 provides: 'When an indictment or information charges an offense in accordance with the provisions of Sec. 49......