State v. Hines
State v. Hines
Opinion of the Court
A jury found the defendant guilty of assault in the first degree in violation of General Statutes § 53a-59.
Many of the facts concerning the offense are not disputed. About midnight of February 20, 1976, the victim was found in a closet of his apartment by two persons who had heard his cries for help. He had been stabbed in the back with a knife which penetrated his body to a depth of more than four inches causing serious injuries to his chest and spinal cord. After extensive surgery and hospitalization he was partially paralyzed at the time of trial. The defendant admitted that he and a friend had visited the victim at his apartment in East Haven and that he had stabbed the victim with a knife which the defendant had previously shown to the victim.
The version given by the victim at the trial was that no quarrel occurred before the assault that evening. He testified that the defendant, whom he knew but had not seen for eight or nine months, unexpectedly came to his apartment with a friend to use the telephone. After they left, the defendant returned about five minutes later to use the phone again. After completing the second telephone call the defendant requested a piece of wire. Id. The victim went to a closet where he kept his tools and, as he bent down in the closet, the defendant stabbed him with a knife which had been previously shown to him. The victim fell down inside the closet and the defendant slammed the closet door shut. The defendant sprayed a can of mace around the edges of the closet door and then fled from the premises.
I
The defendant claimed not only that he acted in self-defense but also that his mental deficiency was so great that he could not have formed the specific intent “to cause serious physical injury to another person” as required by General Statutes § 53a-59 (a) (1). He presented the testimony of two school psychologists and a psychiatrist in support of his claim of diminished mental capacity. Their testimony was that the defendant suffered from some degree of mental retardation not amounting to an inability to distinguish right from wrong. Psychological examinations given to the defendant
The defendant has not claimed, either at trial or before us, that this evidence was sufficient to raise the defense of insanity. See General Statutes § 53a-13. He submitted a request to charge that the jury should consider the evidence of his mental retardation “in deciding whether he was capable of forming the specific intent necessary to constitute the crime charged . . .” and also, with respect to the issue of self-defense, in determining “whether what he did was reasonable for him under all the circumstances as they appeared to him at the time.”
In the instructions on self-defense the trial court gave the defendant substantially what he requested and he has no quarrel with that aspect of the charge. We have no occasion, therefore, to decide whether the requested instruction, which seems to employ a subjective test involving the mental characteristics of the actor rather than the objective standard of the “reasonable man,” was appropriate. See General Statutes § 53a-19 (a); 2 Wharton, Criminal Law (Torcia Ed.) §125; see also State
The state claims that there is no “explicit” authority allowing proof of mental retardation to negate an element of the crime and that to do so would allow a diminished mental capacity defense going beyond the confines of the defense of insanity under General Statutes § 53a-13. While it is uniformly held that subnormal mentality not amounting to an inability to distinguish right from wrong is no defense to a crime, there is a split of authority upon whether evidence of such mental deficiency should be considered in determining whether the defendant acted with the necessary specific intent required for the particular offense. 1 Wharton, Criminal Law and Procedure (Anderson) § 41; see annots., 166 A.L.R. 1194, and 22 A.L.R.3d 1228; see Fisher v. United States, 328 U.S. 463, 473-74 n.12, 66 S. Ct. 1318, 90 L. Ed. 1382 (1946).
During the period when murder was classified into two degrees, we followed the rule that a person who was so intoxicated at the time he killed someone that “he was incapable of conceiving and carrying into execution a deliberate plan to kill, or was mentally incapable of intent or premeditation, or was beyond the power of self-control at the time” would not be guilty of murder in the first degree, for lack of the necessary mental state. State v. Davis, 158 Conn. 341, 352, 260 A.2d 587 (1969); State v. Dortch, 139 Conn. 317, 323, 93 A.2d 490 (1952); State v. Johnson, 40 Conn. 136, 143 (1873). We have also recognized that mental deficiency or abnormality resulting from factors other than intoxication might properly be considered in deciding
The state also argues that “[e]ven had the defendant offered proof of his mental condition to negate the intent element, rather than for the avowed purpose of proving the subjective reasonableness of his self-defense claim, it is questionable whether he was entitled to a jury instruction to that effect.” In its argument maintaining that there is no explicit authority allowing proof of mental retardation to negate an element of the
The defendant excepted to the trial court’s failure to give one of his requested charges concerning the use, by the jury, of the evidence concerning the defendant’s mental retardation.
The defendant was entitled to have the jury correctly and adequately instructed. Mack v. Persanowski, 172 Conn. 310, 312, 374 A.2d 236 (1977). “ ‘The test to be applied to any part of a charge is whether the charge considered as a whole presents the case to the jury so that no injustice will result.’ State v. Mullings, 166 Conn. 268, 275, 348 A.2d 645 [1974]; Siladi v. McNamara, 164 Conn. 510, 515, 325 A.2d 277 [1973], It is well established that individual instructions are not to be judged in artificial isolation from the overall charge. State v. Crawford, 172 Conn. 65, 69, 372 A.2d 154 [1976]; State v. Ralls, 167 Conn. 408, 422, 356 A.2d 147 [1974].” State v. Roy, 173 Conn. 35, 40, 376 A.2d 391 (1977); see State v. Holmquist, 173 Conn. 140, 151, 376 A.2d 1111, cert. denied, 434 U.S. 906, 98 S. Ct. 306, 54 L. Ed. 2d 193 (1977). A charge must be considered as to its probable effect on the jury in guiding them to a correct verdict in the case. State v. Harris, 172 Conn. 223, 226, 374 A.2d 203 (1977); Amato v. Desenti, 117 Conn. 612, 617, 169 A. 611 (1933).
The trial court charged on the testimony of the experts who testified “to the ability of the defendant to comprehend.” The court charged: “Now, we also have witnesses, expert witnesses. Now, these
II
The defendant also claims that the example given by the court in its charge on the law of self-defense had the effect of directing a verdict against him on that issue. We do not agree.
During the course of its instructions on self-defense, the court stated: “Now, let me give an example. Suppose Mr. Smith attacks me with a knife and suppose I repel him by taking the knife away from him, I would not be justified in that instance in then placing the knife in his body, because the danger is now past.” The defendant
“The test to be applied to any part of a charge is whether the charge considered as a whole presents the ease to the jury so that no injustice will result.” State v. Mullings, supra, 275; see State v. Rose, supra, 687-88; Siladi v. McNamara, supra, 515. “The main charge and supplemental instructions are to be read and considered as a whole.” State v. Edwards, 163 Conn. 527, 537, 316 A.2d 387 (1972); see State v. Johnson, 139 Conn. 89, 93, 90 A.2d 905 (1952). Individual instructions are, of course, not to be judged in artificial isolation from the overall charge. See, e.g., State v. Holmquist, supra, 151; State v. Roy, supra, 40. For an erroneous part of a charge to be reversible error, the court must consider the charge as a whole, and “it must be determined, in appeals not involving a constitutional question, if it is reasonably probable that the jury
Although it is well settled that the trial court may, in its discretion, call the attention of the jury to the evidence or lack thereof bearing on any point in issue and comment on the weight of the evidence, it may do so only “so long as it does not direct or advise the jury how to decide the matter.” State v. Mullings, supra, 274. “It must always be borne in mind that litigants have a constitutional right to have issues of fact decided by the jury and not by the court.” Ardoline v. Keegan, 140 Conn. 552, 555, 102 A.2d 352 (1954); see Heslin v. Malone, 116 Conn. 471, 477, 165 A. 594 (1933).
Common sense, and more to the point, fairness, must acknowledge that the use of a proper example in jury instructions serves to make less abstract and more comprehensible the meaning of a complex legal concept or term. The same considerations, however, would indicate that a jury may give undue weight to examples because they are easier to understand and may even simply compare the defendant’s actions with the example. “To prevent these adverse effects, the trial judge must clearly indicate that the examples are only examples, and that the jury must determine guilt or innocence by following the jury instructions as a whole.” (Emphasis in original.) People v. Shepherd, 63 Mich. App. 316, 322, 234 N.W.2d 502 (1975); see People v. Murphy, 28 Mich. App. 150, 160, 184 N.W.2d 256 (1970).
The trial court, on a number of occasions, instructed the jurors that they were the judges of the facts in issue. It charged them that no matter what the court said about the facts or evidence, they were the judges of the facts and the evidence. At the outset of the charge, it stated: “My chief concern in the facts in the case is to refer to them
The challenged example was given during the course of the main charge. After the jury had retired, it requested written copies of the assault statutes in the first, second and third degrees “and the provisions for self-defense as given in the Judge’s Charge.” In thereafter instructing the jury on self-defense, the court did not restate the example which had been excepted to after its main charge.
The court’s instructions, which included the example in question, did not have the effect of taking the decision on the issue of self-defense away from the jury. It was merely an example; the court specifically said it was. See People v. Shepherd, supra. The factual circumstances in the evidence concerning it were left for the jury to pass upon. The example cannot be said to be an unfair statement of
There is no error.
In this opinion Speziaee, C. J., and Pakskey, J., concurred.
General Statutes § 53a-59 provides in pertinent part: “(a) A person is guilty of assault in the first degree when: (1) With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument.”
The information charged that the offense had been committed “by means of a dangerous instrument, to wit, a knife.”
This request was the following:
“16. Evidence has been presented in this ease indieating that Michael Hines is mentally retarded and that he was mentally retarded at the time of the events which are the subject of this trial. This evidence may be considered by you for two purposes:
“First. One of the essential elements of the crime charged is that the defendant have the specific intent to infliet serious physical injury upon the other person. You may consider the evidence of Michael’s mental retardation in deciding whether he was capable of forming the specific intent necessary to constitute the crime charged, if you have a reasonable doubt on that issue, you must find him not guilty.
“Second. As to the issue of self-defense, you are required to place yourselves in the defendant’s shoes and determine whether what he did was reasonable for him under all the circumstances as they appeared to him at the time. You may consider the evidence of Michael’s mental retardation in making these determinations.”
We do note that the court, in. instructing the jury on the essential elements of assault in the first degree, said: “The third essential element of assault in the first degree so far as you are concerned in this case is the requirement that the person on trial actually have intended to inflict serious physical injury as I have defined it to you.
In People v. Murphy, 28 Mich. App. 150, 184 N.W.2d 256 (1970), the trial court, iu its instruction, used the example of a sledgehammer as a tool “adapted and designed” for breaking and entering under the statute charged. One of the tools with which the defendants
la its supplemental charge on self-defense, the court repeated this instruction verbatim.
Dissenting Opinion
(dissenting). I disagree with the portion of the majority opinion which concludes that the charge as given by the trial court provided sufficient “practical guidance” to the jury with respect to its consideration of the evidence of the defendant’s “mental retardation in deciding whether he was capable of forming the specific intent necessary to constitute the crime charged,” as requested. The remark of the majority that the charge upon this subject, an excerpt of which is
The majority regards this passing reference to “intent to commit the crime” as sufficient compliance with a request for an instruction that the evidence of mental retardation be considered in deciding whether the defendant had the capacity to form the specific intent necessary for the crime. I do not. “It is the law of this state that a request to charge which is relevant to the issues of a case and which is an accurate statement of the law must be given.”
The majority opinion concedes the validity of the point of law made in the defendant’s request and does not dispute that he was entitled to that instruction. The earlier discussion of specific intent as an element of the crimes involved, which omitted any reference to mental retardation, cannot be deemed
Accordingly, I dissent.
In this opinion Peters, J., concurred.
Reference
- Full Case Name
- State of Connecticut v. Michael Hines
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- 72 cases
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- Published