State v. Williamson.

• Decision Date: 03 December 1947
• Citation: State v. Williamson., 134 Conn. 203, 56 A.2d 460 (Conn. 1947)
• Parties: STATE v. WILLIAMSON.
• Court: Connecticut Supreme Court

134 Conn. 203

56 A.2d 460

STATE

v.WILLIAMSON.

Supreme Court of Errors of Connecticut.

Dec. 3, 1947.

Appeal from Superior Court, Litchfield County; McLaughlin, Judge.

William C. Williamson was charged by information with the crimes of rape, indecent assault and robbery, and on a trial to the jury in the superior court in Litchfield County was found guilty on the three counts, but the court set aside the verdict as to the second count. From the judgment on the first and third counts, the defendant appeals.

No error.

David Cramer and Clayton L. Blick, both of Litchfield, for appellant.

H. Roger Jones, State's Atty., of Winsted, for appellee.

Before MALTBIE, C. J., and BROWN, JENNINGS, ELLS and DICKENSON, JJ.

PER CURIAM.

In this appeal by the defendant from his conviction of certain crimes in a trial to the jury, the only error presented is that the trial court should have granted a motion for a mistrial which was based upon the claim that the judge in the course of the trial invited the complaining witness and her mother into his chambers and there discussed with the former matters pertaining to the case and reassured her as regards her testimony as a witness. The denial of the motion, made, as it was, in the course of the trial, was an interlocutory ruling which could only be presented by a finding; State v. Esposito, 122 Conn. 604, 607, 191 A. 341; Conn.App.Proc., page 98; and without such a finding the record does not present any question for our consideration. Counsel for the defendant have, however, argued the case upon the basis of the transcript of evidence printed in the record. If we turn to it, we find a discussion of the motion in the absence of the jury; and from the statement made by the court at that time all that appears is that the trial judge did call the complaining witness and her mother into his chambers to find out if the former, who...