State v. Schwartz
State v. Schwartz
Opinion of the Court
The defendant, after a trial to the jury, was found guilty of making indecent or harassing telephone calls in violation of § 53-174a of the General Statutes
A brief summary of the evidence may be helpful in reviewing the assignment of errors. The jury could find that the defendant made repeated and harassing telephone calls to Pauline Bulansky and to several members of her family. In some of his calls he used both profanity and indecent language. For some time prior to the calls, the defendant and Pauline had been extremely friendly, but at the time in question her ardor had diminished to a point of coolness. It appears that as her enthusiasm for the defendant diminished the number of calls increased. She was employed by her brother-in-law, Burton Duboys, as a secretary, and there was evidence that on occasion the defendant would call her office several times a day, sometimes six or seven times a day. On some of these occasions the defendant would talk with Duboys and frequently used
During the cross-examination of Beatrice Duboys, she was asked if she had ever witnessed an attack on the defendant by her husband. An objection to the question was sustained by the court, and the defendant took an exception. Section 226 of the Practice Book provides that when an objection to the admission of evidence is made, counsel shall state the grounds on which the evidence is claimed or the objection made. “Under this rule, when an objection is made to the admission of evidence, one of two things is called for. Either the party making the objection should accompany it with a statement of the specific ground or grounds on which the objection is based or the party offering the evidence should state the specific ground or grounds on which he claims the evidence is admissible. Of course each party may make such a statement. Whether the offering party will avail himself of the opportunity to make a statement in support of the admissibility would ordinarily depend upon whether the objecting party had stated his ground of objection with sufficient accuracy and specificity
Paul Rappa, a witness for the defendant, was asked on direct examination whether he had overheard a conversation between the defendant and Pauline sometime in April or May, 1966, in which Duboys was discussed. The defendant was trying to elicit from the witness certain statements claimed to have been made by Pauline relating to the conduct of Duboys. The question was objected to, apparently on the ground that it called for an answer relating to acts too remote in time and place from the offense charged, which was claimed to have been committed between December, 1966, and January, 1967. The defendant claimed the question for the purpose of impeaching the credibility of Duboys on the ground that the purported conversation would tend to show him to be a biased and prejudiced witness. Upon questioning by the court, the defendant claimed that such information was of a sequential and “building up” character — “The climax happened after seven months.” Gfenerally speaking, the bias or prejudice of a witness may be shown, either by cross-examination or by the testi
There is no error.
In this opinion Wise and Macdonald, Js., concurred.
“Section 53-174a. indecent oe harassing telephone calls. Any person who, by telephone under jurisdiction of the public utilities commission, addresses another in or uses indecent or obscene language, or who telephones another repeatedly for the purpose of annoying, threatening or harassing him, shall be . . . [punished]. . . . Such offense may be deemed to have been committed either at the place where the telephone call was made or at the place where it was received. The court may order any person convicted under this section to be examined by one or more competent psychiatrists.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.