State v. Baron Motors, Inc.
State v. Baron Motors, Inc.
Opinion of the Court
The defendant was convicted, after a trial to the court, of violating § 14-60 of the General Statutes, relating to the use of automobile dealers’ registration plates.
The court denied the defendant’s motion to add certain facts to the finding as testified to by the defendant’s witnesses and relating to an uncompleted attempt to register the van on May 13, 1963, and to the consummation of the sale of the van to Warehouse Sales, Inc., on that date. These corrections cannot be made. The facts sought to be added are neither admitted nor undisputed though
In view of the general assignment, we test the ultimate conclusion of guilt by the entire evidence instead of by the facts found, having regard to the finding only as to the court’s decision in respect to the testimony. State v. Pundy, 147 Conn. 7, 8.
Section 14-60 of the General Statutes prohibits a dealer from allowing a motor vehicle registered under a dealer’s registration to be operated or used for conveying passengers, merchandise or freight for hire and forbids the dealer from loaning a motor vehicle or number plates to anyone except for the purpose of demonstration of a motor vehicle, or when the borrower’s vehicle is undergoing repairs, or when the borrower has purchased a motor vehicle the registration of which by him is pending, and in any case for not more than fifteen days in any one year, provided the person operating such loaned vehicle or plates shall furnish proof of adequate liability and property damage insurance. The purpose of these provisions is to make effective the statutory provision to require the registration of motor vehicles and to prevent avoidance thereof. General Statutes §14-12; Gonchar v. Kelson, 114 Conn. 262, 270. It was not intended “that others, under cover of the general number or distinguishing mark of the dealer, should be able to operate cars belonging to or controlled by themselves.” Shaw v. Connecticut Co., 86 Conn. 409, 412. Provisions of a predecessor statute of a similar nature have been construed as prohibiting the loan of number plates to public service motor vehicles and commercial motor vehicles, and to motor vehicles which have not been purchased. 18 Conn. Atty. Gen. Rep. 168, 170.
The findings of fact are supported by the evidence and sustain the ultimate conclusion of guilt. On all the evidence, the court was justified in finding the defendant guilty beyond a reasonable doubt.
There is no error.
In this opinion Kosicki and Levine, Js., concurred.
“SOC. 14-60. USE OF DEALERS’ AND REPAIRERS’ PLATES. No dealer or repairer stall rent or allow or cause to be rented, or operate or allow or cause to be operated for hire, or use or allow or cause to be used for the purpose of conveying passengers or merchandise or freight for hire, any motor vehicle registered under a general distinguishing number and mark, provided any dealer in boats may use, or allow or cause to be used, any trailer so registered for the purpose of transporting a boat or boats, together with any necessary equipment, between a demonstration site and his established place of business. No dealer or repairer shall loan a motor vehicle or number plates or both to any person except for the purpose of demonstration of a motor vehicle, or when a motor vehicle owned by such person is undergoing repairs, or when such person has purchased a motor vehicle, the registration of which by him is pending, and in any case for not more than fifteen days in any year, provided the person operating such loaned motor vehicle or a motor vehicle bearing such
Reference
- Full Case Name
- State of Connecticut v. Baron Motors, Inc.
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- 1 case
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- Published