State v. Reid
| Decision Date | 21 June 1966 |
| Citation | 221 A.2d 258,154 Conn. 37 |
| Court | Connecticut Supreme Court |
| Parties | STATE of Connecticut v. John T. REID. |
Alfonse C. Fasano, New Haven, for appellant (defendant).
Robert K. Walsh, Asst. State's Atty., with whom, on the brief, was George R. Tiernan, State's Atty., for appellee (state).
Before KING, C.J., and MURPHY, ALCORN, HOUSE and COTTER, JJ.
The defendant was charged with common-law robbery, punishable under General Statutes § 53-67, and was convicted by a jury. The court subsequently found the defendant guilty under the second part of the information, which charged him with being a second offender pursuant to General Statutes § 54-118. In this appeal, the defendant assigns as error certain rulings on evidence and the court's denial of his motion to set aside the verdict.
The following facts are not in dispute. On the night of March 6, 1964, Mrs. Anna Roessler returned to her home on Edgehill Road in New Haven shortly after 8:30 p.m. She drove her automobile into her unlighted garage, turned off the ignition and headlights, and got out of the car. As she reached back into the car to pick up her pocketbook, an assailant suddenly put an arm around her neck, bent her head forward, grabbed the pocketbook, and ran off. By the time she looked up, the thief was running toward the street and was at a sufficient distance so that Mrs. Roessler was unable to make out any distinguishing characteristics. A passerby, John Hartsock, heard Mrs. Roessler scream and saw two men run across her front yard and into the street. Hartsock followed the two men around the corner and saw them get into an automobile, which moved away so quickly that it must have been started by a third person. He came close enough to note the license number as the car pulled away and then reported the incident to the police. From the license number, the police became aware that the car belonged to Gabriel Rocco of West Haven. The police proceeded to the Rocco home, arriving there about 9:45 the same evening. Rocco came out of the house and had a short conversation with members of the West Haven and New Haven police departments. The police then entered the Rocco home, with his permission, and found the defendant and Ralph Maselli, 1 as well as Rocco's parents, inside. A search of the premises uncovered $303 in a cigar box and $407 under a pillow, all in Rocco's bedroom. In addition, Rocco and Maselli were carrying a total of $521, including at $100 bill and a $50 bill. No money was found on Reid. Mrs. Roessler testified that her pocketbook had contained $1326 in bills of denominations of $20 or less and some change. The hood of Rocco's car was warm when the police arrived at his house, and the car matched the description, including the exact license number, given by the witness Hartsock.
Robbery is defined in the common law as the felonious taking of personal property from the person or custody of another by force or intimidation. State v. DiBattista, 110 Conn. 549, 558, 148 A. 664; State v. Butler, 27 N.J. 560, 589, 143 A.2d 530; State v. Reposa, 206 A.2d 213 (R.I.).
From the facts stated above, it is obvious that there was abundant evidence to prove that a robbery had been committed and that Rocco's car was used by the robbers, who were at least three in number, in getting away. The only evidence linking the defendant to the crime, however, was the fact that he was found in the Rocco home, under the circumstances described, about an hour and fifteen minutes later. Neither Mrs. Roessler nor Hartsock had seen the perpetrators at close enough range to...
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State v. Little
... ... Foord, [194 Conn. 672] 142 Conn. 285, 295, 113 A.2d 591 [1955]; State v. Kelsey, 160 Conn. 551, 553, 274 A.2d 151 [1970]; State v. Reid, 154 Conn. 37, 40, 221 ... A.2d 258 [1966]; State v. Annunziato, 145 Conn. 124, 136, 139 A.2d 612 [1958].' State v. Mayell, [163 Conn. 419, 427-28, 311 A.2d 60 (1972) ]." State v. Payne, 186 Conn. 179, 184, 440 A.2d 280 (1982). " 'But the requirement of proof beyond a reasonable doubt does ... ...
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Banks v. Comm'r of Corr.
...as "the felonious taking of personal property from the person or custody of another by force or intimidation." State v. Reid , 154 Conn. 37, 39, 221 A.2d 258 (1966). In the present case, the petitioner was convicted of violating § 53a-134 (a) (4), which provides: "A person is guilty of robb......
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State v. Williams
...State v. Foord, 142 Conn. 285, 295, 113 A.2d 591 [1955]; State v. Kelsey, 160 Conn. 551, 553, 274 A.2d 151 [1970]; State v. Reid, 154 Conn. 37, 40, 221 A.2d 258 [1966]; State v. Annunziato, 145 Conn. 124, 136, 139 A.2d 612 [1958]." State v. Mayell, [163 Conn. 419, 427-28, 311 A.2d 60 (1972)......
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State v. Heinz
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