State v. Beck
State v. Beck
Opinion of the Court
Upon this appeal from his conviction of operating a motor vehicle while under the influence of intoxicating liquor, in violation of § 14-227a of the General Statutes, the defendant has assigned error in the court’s failure to correct the finding, in the charge, and in the admission of certain evidence. Claims not made at the trial and assignments not briefed will not be considered. Practice Book § 1019; State v. Taylor, 153 Conn. 72, 86.
A finding in a case tried to the jury is merely a narrative of the facts claimed to have been proved by each side, made for the purpose of fairly presenting any claimed errors in the charge or rulings of the court. Wright v. Coe & Anderson, Inc., 156 Conn. 145, 149. The charge is to be tested by the finding, not by the evidence. Kowal v. Archibald, 148 Conn. 125, 129; State v. DeGennaro, 147 Conn. 296, 301, cert. denied, 364 U.S. 873.
The finding reveals that the state offered evidence to prove and claimed to have proved the following: On December 28, 1967, at approximately 6:47 p.m., a police officer of the New Haven police department was directed to proceed by squad ear to the vicinity of 882 Quinnipiae Avenue and arrived at the scene
The defendant did not testify but offered evidence to prove the following: After the officer talked to people in the vicinity of 882 Quinnipiae Avenue, he made up his mind that the defendant was the operator of the vehicle registered in his name. Prior to talking to the defendant on the porch, the officer did not warn the defendant of his rights. It takes approximately ninety minutes for an average person to absorb a drink of alcohol on an empty stomach, but with food in the stomach, absorption of alcohol may be extended for one-half hour or more, depending on the type of food consumed. The blood specimen was taken from the defendant at 8:30 p.m., and the analysis is based on the alcohol content in the defendant’s blood at that time. In determining whether a person is under the influence of intoxicating liquor at the time of operation, the following
The defendant’s assignment of error addressed to the charge involves the court’s instruction that the jury could infer the approximate time of the accident from certain circumstantial evidence. This is the only ground on which the defendant took an exception. The defendant in his brief and argument endeavors to add another ground, that owing to the lapse of time between the officer’s arrival at the scene and the blood test the state failed to establish that the defendant was under the influence of intoxicating liquor when the officer arrived at the scene. The court adequately charged the jury on this subject, and as no exception to the charge was taken to this portion we need not consider it.
On the question before us, the state’s evidence was that the officer received a call at 6:47 p.m. to proceed to the vicinity of 882 Quinnipiac Avenue and arrived there about eight minutes later. Four cars were involved, and ten to twelve people were standing around the damaged vehicles. The officer inquired who the operators were and obtained the registrations of the vehicles involved. It is fundamental that circumstantial evidence may be as cogent and convincing as direct evidence. Direct evidence of a fact is not required. Circumstantial evidence not only is sufficient but also may be more certain, satisfying and persuasive than direct evidence. Courts must necessarily rely on circumstantial evidence and are entitled to draw reasonable and logical inferences from all the facts. State v. Taylor, 153 Conn. 72, 78. “The law recognizes no distinction between circumstantial evidence and direct evidence so far as probative force is concerned. If evidence, whether direct or eireum-
The remaining assignment of error is with regard to the admission into evidence of a statement made to the officer by the defendant at the scene of the accident. The officer testified that he approached the defendant and asked him if he was the driver of “this automobile” and he said he was. The defendant objected on the ground that the necessary warning had not been given to him. The objection was overruled and an exception was taken. It is the defendant’s contention that under Miranda v. Arizona, 384 U.S. 436, the officer should have warned the defendant of his rights before asking any questions. At the time in question, the officer was merely investigating an accident and the defendant was not under any restraint. Miranda does not preclude, in the investigation of crime, on-the-scene questioning
There is no error.
In this opinion Kosicki and Dearington, Js., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.