State v. Pinagglia
| Decision Date | 22 June 1923 |
| Citation | 99 Conn. 242,121 A. 473 |
| Court | Connecticut Supreme Court |
| Parties | STATE v. PINAGGLIA. |
Appeal from Superior Court, New Haven County; Isaac Wolfe, Judge.
Rina Pinagglia was convicted of larceny from the person, and he appeals. No error.
Rocco Ierardi, of New Haven, for appellant.
Arnon A. Alling, State's Atty., and Walter M. Pickett, Asst State's Atty., both of New Haven, for the State.
The accused was charged with the crime of theft from the person. Error is assigned in charging the jury as follows:
The claim of the accused is that the trial court by this language, in effect, directed the jury as to the issue of the existence of the commission of the crime of theft from the person of Pope. It has long been our law that the trial judge may comment upon the evidence and express his opinion thereon, so long as he does not direct, advise, or attempt to control the verdict. State v. Fetterer, 65 Conn. 287, 290, 32 A. 394; State v. Duffy, 57 Conn. 525, 529, 18 A. 791; State v. Buonomo, 87 Conn. 285, 290, 87 A. 977; Cook v. Steinert & Sons Co., 69 Conn. 91, 92, 36 A. 1008. By virtue of chapter 267, § 1, Public Acts 1921, he may, if in his opinion " the evidence is not sufficient to justify the finding of guilt beyond a reasonable doubt," direct the jury to find a verdict of not guilty. He may also instruct the jury " in case they should find the facts stated in the information to be true, that it would be their duty to find the prisoner guilty." State v. Carrier, 5 Day, 131. He may also instruct the jury that, if they found certain " facts to be proved, they must find the defendant guilty." State v. Ellis, 3 Conn. 185 8 Am.Dec. 175; State v. Smith, 5 Day, 175, 5 Am.Dec 132. In State v. Fetterer, 65 Conn. 287, 289, 32 A 394, we said:
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State v. Tomassi
...by our decisions concerning offenses other than murder. State v. Gannon, 75 Conn. 206, 234, 52 A. 727, and cases cited; State v. Pinagglia, 99 Conn. 242, 244, 121 A. 473; State v. Lougiotis, 130 Conn. 372, 376, 34 A.2d 777. We conclude that the explanation of the meaning of the statute cont......
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Morro v. Brockett
... ... not be reviewed in the absence of an abuse of discretion ... Di Bernardo v. Connecticut Co., 100 Conn. 612, 615, ... 124 A. 231; State v. Pinagglia, 99 Conn. 242, 244, ... 121 A. 473; Smith v. Hausdorf, 92 Conn. 579, 581, ... 103 A. 939 ... In so ... far as the remark ... ...
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State v. Thomas
...that the issue that a crime had been committed was not in evidence, but merely the issue whether the accused were concerned in it. State v. Pinagglia, supra. 8. reasons of appeal 3, 8, 15, 17, 18, and 20 the accused complain that the court upon several occasions during the charge impressed ......
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State v. Lougiotis.
...if they found these facts proved beyond a reasonable doubt they should bring in a verdict of guilty. This was proper. State v. Pinagglia, 99 Conn. 242, 244, 121 A. 473. Criminal intent is not an essential element in a sale of liquor to a minor. State v. Katz, 122 Conn. 439, 441, 189 A. 606.......