State v. Crispino
State v. Crispino
Opinion of the Court
In a trial to the court, the defendant was found guilty of negligent operation of a motor vehicle upon a public highway, causing the loss of human life, in violation of § 14-218 of the General Statutes. He has appealed, assigning only one error, that on all the evidence the court wrongly concluded that he was guilty of the crime charged beyond a reasonable doubt. No finding was requested or made, and none was necessary, because on such an assignment of error we determine upon the entire evidence whether the court erred. Practice Book § 995; State v. Salvaggio, 152 Conn. 716, 717; State v. Pundy, 147 Conn. 7, 8; State v. Bill, 146 Conn. 693, 694; Maltbie, Conn. App. Proc. § 213.
The evidence shows that on January 27, 1966, at about 10:40 a.m., the defendant was operating a
The defendant testified that at no time did he see the decedent or any other pedestrian. The decedent was five feet eight inches tall and the height of the truck, nearest to the point of impact, was five feet two inches. Thus, if the range of vision had been horizontal along the top of the hood, the decedent would have been visible for at least six inches above the top of the hood. This vertical visibility was increased by the fact that the defendant’s line of sight was at a downward angle, from a point above the steering wheel, and thus considerably higher than the top of the hood. The court correctly found, upon the facts summarized, that the defendant was negligent in that, under the circumstances, he failed to operate as a prudent person should, and that his negligence caused the loss of a human life.
The trial court had the opportunity of observing the witnesses and the manner in which they testified. It was the sole judge of their credibility. It was within the power of the court to draw logical and reasonable inferences from the facts proved. We cannot retry the case. State v. Pundy, 147 Conn. 7, 12; State v. Bill, 146 Conn. 693, 696; State v. Coulombe, 143 Conn. 604, 607.
Upon all the evidence and the inferences the court could reasonably reach from the facts proved, it was justified in concluding that the defendant was guilty beyond a reasonable doubt of the charge on which he was tried.
There is no error.
In this opinion Jacobs and Kinmonth, Js., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.