State v. Healy
State v. Healy
Opinion of the Court
The defendant was convicted, on a trial to the court in which he was not represented by counsel, of the crimes of pool selling in violation of § 53-295 of the General Statutes and breach of the peace in violation of § 53-174, and has appealed, assigning as error that the court neglected to advise him of his constitutional right to counsel and failed to give him a fair and impartial trial.
The facts are not in dispute. On December 22, 1961, at about 11 a.m., one Paul Kurlik placed a $2 bet with the defendant on a horse named “Astrology” which ran in the fifth or sixth race at the Charles Town Track and on a horse named “Leo’s Ace” which ran in the second race at Pair Grounds racetrack. The defendant took the money for the bets from Kurlik. On December 23, 1961, at about 11 a.m., Kurlik approached the defendant and demanded winnings of $6. The defendant denied owing the money, stating that Kurlik had bet on another horse. The defendant then offered Kurlik the return of the $ 2 bet which he had given him on December 22, 1961. Kurlik refused the return of the $2 bet and insisted on his winnings of $6. The de
The defendant in his first assignment of error claims that the court in failing to advise him of his right to be represented by counsel committed prejudicial error as a matter of law. Both the United States and Connecticut constitutions guarantee to an accused in all criminal prosecutions the right to counsel. U.S. Const., amend. VI; Conn. Const., art. I § 9. In cases involving misdemeanors, it has been long settled that the court as a matter of law is under no duty to advise an accused of his right to counsel. See State v. Reid, 146 Conn. 227; State v. Rogers, 143 Conn. 167; State v. Florence, 23 Conn. Sup. 176. Due process in a noncapital case does not require the assignment of counsel to an accused where the net result does not offend generally accepted notions of fair play. United States ex rel. Farnsworth v. Murphy, 254 F.2d 438 (2d Cir. 1958); Commonwealth ex rel. Simon v. Maroney, 195 Pa. Super. 613. Whether due process has been denied in a given case depends on the facts of the case. What may in one case constitute a denial of fundamental fairness may in other circumstances fall short of a denial of due process. Betts v. Brady, 316 U.S. 455, 462. The gravity of the crime, the age, experience and education of the defendant, the conduct of the court or prosecuting officials and the complicated nature of the offense charged and pos
In the case at bar, however, the defendant was a man of mature years, thirty-seven years old, and had formerly been a policeman. The trial was to the court, and the issues of law and fact were not complicated. He was brought before the court on December 27, 1961, on a warrant issued December 26, 1961, on misdemeanor charges, the case was continued one week to January 3, 1962, at which time he was put to plea, pleaded not guilty, and on inquiry by the court as to his choice of trial by court or jury elected trial by the court. Under the circumstances disclosed by the record, the trial court did not err in failing to advise defendant of his right to counsel.
Ten of the remaining assignments of error relate to the conduct of the trial and may be summarized under the heading that the defendant was not given a fair and impartial trial. The specific errors cited consist of allowing the prosecutor to ask leading questions, to ask immaterial and irrelevant questions, and to go into new matter on cross-examining
As to the testimony of Mr. and Mrs. Kurlik, there is nothing in the record to show any promise of immunity. Such a promise, moreover, would not have
An examination of the entire record leads to the inescapable conclusion that the trial court did not abuse any discretion that it had in the conduct of the trial and that the defendant was given a fair and impartial trial.
In regard to the defendant’s final assignment of error, that the court erred in concluding that the defendant was guilty beyond a reasonable doubt, there was a wealth of evidence, in addition to the evidence as to which error is claimed, to support the court’s conclusion that the defendant was guilty of the crimes charged beyond a reasonable doubt.
There is no error.
Reference
- Full Case Name
- State of Connecticut v. William Healy
- Cited By
- 1 case
- Status
- Published