State v. Greenwald
State v. Greenwald
Opinion of the Court
These eases arose out of the same situation, were tried together and were combined on appeal. They are factually similar, and the issues on appeal are the same. The defendants have appealed, assigning error in that (1) the judgments were based on grounds which violated the defendants’ rights under the first and fourteenth amendments to the constitution of the United States; (2) the court’s interpretation of § 53-174 of the General Statutes was unconstitutionally vague and over-broad, and (3) on all the evidence the court found the defendants guilty beyond a reasonable doubt. Upon this last assignment of error, we determine from the entire evidence whether the court erred in holding guilt was established by the requisite degree of proof. State v. Schindler, 155 Conn. 297, 301; State v. Pundy, 147 Conn. 7, 8.
The evidence and the reasonable inferences which the court could draw therefrom may be summarized as follows: On December 10, 1968, about 100 state police officers went to the University of Connecticut campus in Storrs, Connecticut, at the request of the president of the university, to render police assistance to prevent disruptions of employment interviews at a building known as the “warming hut,” located south of the skating rink on the campus. A two-strand chain fence partially surrounds the area
The defendants’ second assignment of error need not be considered, for they admit in their brief that they do not challenge the constitutionality of our • breach of the peace statute but rather the court’s interpretation of the statute. This assignment apparently is directed to the court’s finding, but, as stated above, on a general assignment of error we review the entire evidence, and therefore a finding was unnecessary 'and should not have been requested since the claimed error could be tested by the evidence alone. State v. Schindler, supra.
The defendants’ first assignment of error might well, as it is worded, suffer the same fate as their second assignment, but we have decided to treat it in its broader sense. It has long been established that the freedoms guaranteed by the first amendment are protected through the fourteenth amendment to the United States constitution from invasion by the states. Snyder v. Newtown, 147 Conn. 374, 380. The first amendment to the United States constitution guarantees the rights of freedom of speech and peaceable assembly, and the United States Supreme Court has protected these rights in cases too numerous to cite. Suffice it to say that the United States Supreme Court in Cantwell v. Connecticut, 310 U.S. 296, upheld the breach of the peace statute in issue here, although it reversed the Connecticut Supreme Court on the evidence (State v. Cantwell, 126 Conn. 1), and said (p. 309): “One
The defendants contend that they were merely exercising the constitutionally protected right of peaceable assembly and thus could not be guilty of breach of the peace. We cannot go that far. It is clear from the decisions of the United States Supreme Court that free speech and the right of peaceable assembly in public places must not be left to the ad hoc discretion of provincial authorities. There is a difference, however, between public and private places, and in this context we regard the premises of a college or university as no different from private property. That the institution is financed with tax money is no reason why its governing body should not have the same dominion and control over it as would a private owner. The university had the right to restrict its students from entering certain premises. When the students used force, they went beyond their protected rights. Neither in Cantwell v. Connecticut, supra, nor in any other decision which has been brought to our attention has the United States Supreme Court held that the common-law crime of breach of the peace has been abrogated by the constitution. See O’Leary v. Commonwealth, 441 S.W.2d 150 (Ky.).
‘The right lawfully and properly to exercise a constitutional right, such as the right of peaceable assembly, for whatever purpose is well established, but a purportedly peaceable assembly may and can
The defendants’ constitutional rights have not been violated. There is ample evidence to sustain the finding of guilty. It was the claim of the state that the statute was violated by “assaulting or striking another.” No other part of § 53-174 seems pertinent to the charge. “A battery is where there is an actual striking, or touching the body, which includes an assault. ...” 2 Swift, Digest, p. 338 (1823); State v. Timney, 2 Conn. Cir. Ct. 644, 647.
There is no error.
In this opinion Kosicki and Deaeington, Js., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.