State v. Buchanan
State v. Buchanan
Opinion of the Court
The defendant, having been found guilty of speeding in violation of G-eneral Statutes
The motion to set aside the verdict was based on the ground that the evidence did not conform to the information as made more specific by the bill of particulars. The bill of particulars filed by the state alleged that the violation occurred “northbound on Greenwich Avenue.” The officer testified that he first saw the defendant on Greenwich Avenue traveling at a fast speed and he, the officer, gave chase and followed the defendant, who turned west on West Putnam Avenue, also known as the Boston Post Road. At this point the defendant stated that he would object to any vehicular conduct of the defendant occurring on West Putnam Avenue. The jury were excused and a protracted colloquy ensued between counsel and the court relating to the allegation in the bill of particulars. The court then informed counsel that if the defendant was taken by surprise to his prejudice the court was amenable to continuing the case, although the court indicated that it was prepared to admit the evidence as to the defendant’s conduct on West Putnam Avenue. The defendant then stated that he wished to make a telephone call, and the court recessed. After recess, the officer testified to making his clock on West Putnam Avenue and thereafter arresting the defendant. All this evidence came in without objection. Since the evidence came in without objection, we treat the matter as a variance waived by the defendant. Pierce, Butter & Pierce Mfg. Corporation v. Enders, 118 Conn. 610, 613; see Schaller v. Roadside Inn, Inc., 154 Conn. 61, 64. Moreover, an appeal from a final judgment predicated on a denial of a motion to set aside the verdict is not a proper means by which to attack the alleged variance.
The defendant also assigns error in the admission of certain evidence over his objection. This evidence, so it is claimed, related to the defendant’s speed on West Putnam Avenue. Our rules require that such an assignment shall refer to an annexed exhibit which shall set forth the question, the objection, the answer, if any, and the exception. Practice Book § 1006 (4). This requirement was not complied with and no further consideration is necessary.
The final assignment of error relates to the refusal of the court to charge the jury as requested on the defense of entrapment. The defendant raised the defense of entrapment, claiming, in short, that the arresting officer was following him too closely and that the excessive speed on his part resulted from the officer’s actions in that such speed was necessary to avoid a possible collision between his vehicle and that of the officer. Although the defendant also assigned error in the refusal of the court to charge, as requested, in several other respects relating to this issue, those requests appear not to have been briefed and are therefore disregarded. Marra v. Kaufman, 134 Conn. 522, 529; Maltbie, Conn. App. Proc. § 327.
Whether the defendant was entitled to have the issue of entrapment submitted to the jury is to be determined by the claims of proof in the finding. State v. DaVila, 150 Conn. 1, 5. Those of the defendant indicate that he was driving his vehicle on
The only material differences in the state’s claims of proof and those of the defendant are that during the clock of four-tenths of a mile on West Putnam Avenue the defendant was traveling between seventy-four and seventy-six miles per hour and the officer remained a constant distance of about 100 feet behind the defendant. It thus appears that the chase continued for a distance of a mile and a half, during which chase the defendant at no time attempted to reduce his speed. The vital factor in determining if there has been an entrapment is “ ‘the inducement of one to commit a crime not contemplated by him for the mere purpose of instituting criminal prosecution against him’ .... [I] f the criminal intent or the willing disposition to commit the crime originates in the mind of the accused and the criminal offense is completed, the fact that the opportunity is furnished or the accused is aided in the commission of the crime in order to secure the
There is no error.
In this opinion Jacobs and Kinmonth, Js., concurred.
For a recent case on the law of entrapment, see State v. Whitney, 157 Conn. 133.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.