State v. Guillet
State v. Guillet
Opinion of the Court
The defendant was charged, in an information containing two counts, with (1) operating a motor vehicle while under the influence of intoxicating liquor in violation of § 14-227a of the General Statutes and (2) reckless driving in violation of § 14-222. He was found guilty on the first count and not guilty on the second count and has appealed, assigning four errors in the admission of evidence and error in the finding of guilt beyond a reasonable doubt upon all the evidence.
Section 989 (4) of the Practice Book requires that errors in the admission or rejection of evidence shall be stated as follows: “Bach such assignment shall be separately numbered and shall refer to an exhibit which shall be annexed and shall set forth
The defendant’s last assignment of error is directed to the court’s conclusion that upon all the evidence the defendant was guilty of the crime charged beyond a reasonable doubt. Upon this assignment of error we determine from the entire evidence whether the court erred in holding that guilt was established by the requisite degree of proof. State v. Pundy, 147 Conn. 7, 8. In his brief, the defendant raises for the first time the specific issue that there was no proof by the state that the defendant was operating on a public highway. If this claim of error had been raised as a separate issue, it could not be considered since it was not raised at the trial and, therefore, not ruled upon by the court adversely to the defendant. Practice Book § 652; Petrillo v. Maiuri, 138 Conn. 557, 562; Atwood v. Jarrett, 81 Conn. 532, 533. However, it will be considered under this general assignment of error. Our review of the evidence indicates that there was evidence submitted to the court, which it could believe, that established beyond a reasonable doubt that the defendant was operating the motor vehicle and that he was under the influence
Whether the defendant was operating a motor vehicle on a public highway, as the statute requires, is a question of fact and may be proved by direct or circumstantial evidence and by inference reasonably drawn from the competent facts established. “Webster’s New International Dictionary (2d Ed.) defines a highway as ‘A main road or thoroughfare; hence, a road or way open to the use of the public.’ We said in Laufer v. Bridgeport Traction Co., 68 Conn. 475, 488 ... : ‘A highway is a public way open and free to any one who has occasion to pass along it on foot or with any kind of vehicle. In every highway the King and his subjects may pass and repass at pleasure.’ The essential feature of a highway is that it is a way over which the public at large has the right to pass. See Yale University v. New Haven, 104 Conn. 610, 616 .. . ; Newton v. New York, N.H. & H.R. Co., 72 Conn. 420, 426 ... ; Peck v. Smith, 1 Conn. 103, 132. Accordingly, the term ‘highway’ is ordinarily used in contradistinction to a private way, over which only a limited
There is no error.
Prtjyn, Jacobs and Levine, Js., participated in this decision.
Reference
- Full Case Name
- State of Connecticut v. Russell V. Guillet
- Cited By
- 4 cases
- Status
- Published