State v. Simon
State v. Simon
Opinion of the Court
The defendant was tried to the court and convicted of speeding in violation of § 14-219 of the General Statutes. In his appeal, he makes six assignments of error with respect to the finding and a seventh assignment of error in the conclusion upon all the evidence that he was guilty of the crime charged beyond a reasonable doubt. We have stated frequently that it is unnecessary to consider the assignments of error addressed to the finding where the general assignment of error of guilt beyond a reasonable doubt upon all the evidence is made.
The facts may be summarized as follows: On July 10, 1963, at 7:53 a.m. the defendant was clocked by
“It is an open question for the trier to decide whether in any given case, the speed is actually unreasonable under all the circumstances.” State v. Gordon, 144 Conn. 399, 402. The degree of excess of speed over the posted limit is an important factor to be considered by the trier in determining whether, under all the circumstances, a motor vehicle has been operated at a speed greater than was reasonable. Ibid. Under the statute, speed in excess of the posted speed limit is a prima facie violation of the statute, requiring the defendant to present a defense. The defendant, in his brief, argues that the conditions enumerated in the statute, width, traffic, use of the highway, the intersection of streets and the weather conditions, must all be such as to make the speed unreasonable. This is not the rule laid down by our Supreme Court of Errors in State v. Gordon, supra. All of the circumstances enumerated must be taken into consideration, but it is not required that all of them be other than reasonable at
There is no error.
In this opinion Kosicki and Kinmonth, Js., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.