In addition, we have also declared that an instruction on the credibility of alibi witnesses similar to that challenged by this assignment of error is both proper and fair when weighed in the light of the other paragraphs of the charge. State v. Groos, 110 Conn. 403, 410, 148 A. 350; State v. Cianflone, 98 Conn. 454, 466, 120 A. 347 . . . . It is well recognized that the credibility of alibi witnesses is a subject as to which fair comment by the court to the jury is allowed. See Sullivan v. Scafati, 428 F.2d 1023 (1st Cir. [1970]), cert. denied, 400 U.S. 1001, 91 S.Ct. 478, 27 L.Ed.2d 452; Surridge v. State, 239 Ark. 581, 393 S.W.2d 246; Commonwealth v. Sullivan, 354 Mass. 598, 239 N.E.2d 5, cert. denied, 393 U.S. 1056, 89 S.Ct. 697, 21 L.Ed.2d 698; State v. Griffin, 336 S.W.2d 364 (Mo. [1960]); Commonwealth v. Gates, 392 Pa. 557, 141 A.2d 219; Rogers v. State, 455 S.W.2d 182 (Tenn.Crim.App. [1970]); Bolin v. State, 219 Tenn. 4, 405 S.W.2d 768.
Both Onofrio and Acklin involved the erroneous introduction into evidence of physical exhibits, masks and ropes in Acklin, and photographs of guns in a room in the defendant's house in Onofrio, which were irrelevant to the main issues in those cases. See also State v. Williams, 182 Conn. 262, 269-70, 438 A.2d 80 (1980) (error to admit into evidence a gun when there was no evidence to show that a deadly weapon had even been used in the commission of the robbery); State v. Groos, 110 Conn. 403, 148 A. 350 (1930) (a roll of false money bearing resemblance to paper money as well as "obsolete" Polish money introduced as exhibits at trial constituted reversible error when no justification was found for the admission of the exhibits). The state in Acklin did claim that the physical items were relevant to a claim of conspiracy.
There we said: "`Evidence as to articles found in the possession of an accused person subsequent to the time of the commission of a crime for which he is being tried is admissible only if it tends to establish a fact in issue or to corroborate other direct evidence in the case; otherwise the law does not sanction the admission of evidence that the defendant possessed even instruments or articles adapted to the commission of other crimes. . . . The reason is analogous to that applicable to evidence of other crimes committed by a defendant but unrelated to the offense under investigation.' State v. Groos, 110 Conn. 403, 407, 148 A. 350; see State v. Brown, 169 Conn. 692, 364 A.2d 186, and cases and authority therein cited; 22A C.J.S., Criminal Law, 712(c)." In my view, the issue should be determined on the grounds raised and decided on well-established precedents of this jurisdiction which lead to the conclusion that the court's decision to admit the gun was not in error.
"`Evidence as to articles found in the possession of an accused person subsequent to the time of the commission of a crime for which he is being tried is admissible only if it tends to establish a fact in issue or to corroborate other direct evidence in the case; otherwise the law does not sanction the admission of evidence that the defendant possessed even instruments or articles adapted to the commission of other crimes . . . . The reason is analogous to that applicable to evidence of other crimes committed by a defendant but unrelated to the offense under investigation.' State v. Groos, 110 Conn. 403, 407, 148 A. 350; see State v. Brown, 169 Conn. 692, 364 A.2d 186, and cases and authority therein cited." State v. Acklin, 171 Conn. 105, 114, 368 A.2d 212; see also State v. Turcio, 178 Conn. 116, 129, 422 A.2d 749; State v. Hauck, 172 Conn. 140, 144, 374 A.2d 150; State v. Marshall, 166 Conn. 593, 600, 353 A.2d 756. It is firmly established that evidence of criminal activities is generally inadmissible to prove the guilt of the defendant as to the crime charged.
In addition, we have also declared that an instruction on the credibility of alibi witnesses similar to that challenged by this assignment of error is both proper and fair when weighed in the light of the other paragraphs of the charge. State v. Groos, 110 Conn. 403, 410, 148 A. 350; State v. Cianflone, 98 Conn. 454, 466, 120 A. 347 . . . . It is well recognized that the credibility of alibi witnesses is a subject as to which fair comment by the court to the jury is allowed. See Sullivan v. Scafati, 428 F.2d 1023 (1st Cir.), cert. denied, 400 U.S. 1001, 91 S.Ct. 478, 27 L.Ed.2d 452; Surridge v. State, 239 Ark. 581, 393 S.W.2d 246; Commonwealth v. Sullivan, 354 Mass. 598, 239 N.E.2d 5, cert. denied, 393 U.S. 1056, 89 S.Ct. 697, 21 L.Ed.2d 698; State v. Griffin, 336 S.W.2d 364 (Mo.); Commonwealth v. Gates, 392 Pa. 557, 141 A.2d 219; Rogers v. State, 455 S.W.2d 182 (Tenn.Crim.App.); Bolin v. State, 219 (Tenn.
The fact that the evidence presented by the state did not scientifically establish that Exhibit BBB was the shotgun used in the commission of these crimes did not render this evidence inadmissible when viewed in light of all the other evidence tending to support the reasonable inference that it was in fact the same weapon. See State v. Brown, 168 Conn. 610, 616, 362 A.2d 910; State v. Groos, 110 Conn. 403, 407-408, 148 A. 350; State v. Warren, 292 N.C. 235, 239, 232 S.E.2d 419; 40 Am.Jur.2d, Homicide, 414. We find no error in the trial court's exercise of its broad discretion in determining the relevancy of Exhibit BBB; the weight to be accorded such evidence was properly for the consideration of the jury.
In addition, we have also declared that an instruction on the credibility of alibi witnesses similar to that challenged by this assignment of error is both proper and fair when weighed in the light of the other paragraphs of the charge. State v. Groos, 110 Conn. 403, 410, 148 A. 350; State v. Cianflone, 98 Conn. 454, 466, 120 A. 347 . . . . It is well recognized that the credibility of alibi witnesses is a subject as to which fair comment by the court to the jury is allowed. See Sullivan v. Scafati, 428 F.2d 1023 (1st Cir.), cert. denied, 400 U.S. 1001, 91 S.Ct. 478, 27 L.Ed.2d 452; Surridge v. State, 239 Ark. 581, 393 S.W.2d 246; Commonwealth v. Sullivan, 354 Mass. 598, 239 N.E.2d 5, cert. denied, 393 U.S. 1056, 89 S.Ct. 697, 21 L.Ed.2d 698; State v. Griffin, 336 S.W.2d 364 (Mo.); Commonwealth v. Gates, 392 Pa. 557, 141 A.2d 219; Rogers v. State, 455 S.W.2d 182 (Tenn.Crim.App.); Bolin v. State, 219 Tenn. 4, 405 S.W.2d 768.
"Evidence as to articles found in the possession of an accused person subsequent to the time of the commission of a crime for which he is being tried is admissible only if it tends to establish a fact in issue or to corroborate other direct evidence in the case; otherwise the law does not sanction the admission of evidence that the defendant possessed even instruments or articles adapted to the commission of other crimes . . . . The reason is analogous to that applicable to evidence of other crimes committed by a defendant but unrelated to the offense under investigation." State v. Groos, 110 Conn. 403, 407, 148 A. 350; see State v. Brown, 169 Conn. 692, 364 A.2d 186, and cases and authority therein cited; 22A C.J.S., Criminal Law, 712(c). The state offered no evidence to show that the defendants used the masks and ropes in the commission of the robbery with which they were charged, or that they had contemplated their use in that robbery.
Cicero v. E.B.K., Inc., 166 Conn. 490, 496, 352 A.2d 309. If the defendant entered into any arrangement with Miss Loomis at a prior time to commit an act similar to the one charged, it could not be viewed as an admission relevant to the trial of the present case since it is a wholly separate incident. See State v. Groos, 110 Conn. 403, 407-408, 148 A. 350. The state further urges that the testimony of Miss Loomis may have been admissible on the issues of identity and intent.
In addition, we have also declared that an instruction on the credibility of alibi witnesses similar to that challenged by this assignment of error is both proper and fair when weighed in the light of the other paragraphs of the charge. State v. Groos, 110 Conn. 403, 410, 148 A. 350; State v. Cianflone, 98 Conn. 454, 466, 120 A. 347; 248 Rec. Briefs, p. 926; 368 Rec. Briefs, p. 2092. It is well recognized that the credibility of alibi witnesses is a subject as to which fair comment by the court to the jury is allowed. See Sullivan v. Scafati, 428 F.2d 1023 (1st Cir.), cert. denied, 400 U.S. 1001, 91 S.Ct. 478, 27 L.Ed.2d 452; Surridge v. State, 239 Ark. 581, 393 S.W.2d 246; Commonwealth v. Sullivan, 354 Mass. 598, 239 N.E.2d 5, cert. denied, 393 U.S. 1056, 89 S.Ct. 697, 21 L.Ed.2d 698; State v. Griffin, 336 S.W.2d 364 (Mo.); Commonwealth v. Gates- 392 Pa. 557, 141 A.2d 219; Rogers v. State, 455 S.W.2d 182 (Tenn.Crim.App.); Bolin v. State, 219 Tenn. 4, 405 S.W.2d 768.