State v. Groos

22 Citing cases

  1. State v. Ryerson

    201 Conn. 333 (Conn. 1986)   Cited 68 times
    Upholding language that "[a]bsolute certainty in the affairs of life is almost never attainable, and the law does not require absolute certainty to authorize a conviction"

    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.

  2. State v. Girolamo

    197 Conn. 201 (Conn. 1985)   Cited 31 times

    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.

  3. State v. Williams

    182 Conn. 262 (Conn. 1980)   Cited 50 times

    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.

  4. State v. Onofrio

    179 Conn. 23 (Conn. 1979)   Cited 97 times   2 Legal Analyses
    Reversing conviction where photographs of several weapons had been admitted into evidence in order to impeach credibility of defendant's wife

    "`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.

  5. State v. Turcio

    178 Conn. 116 (Conn. 1979)   Cited 71 times
    In State v. Turcio, 178 Conn. 116, 132, 422 A.2d 749 (1979), we said: "In order to prove intent... the prosecution had the burden of disproving intoxication."

    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.

  6. State v. Piskorski

    177 Conn. 677 (Conn. 1979)   Cited 206 times
    In State v. Piskorski, 177 Conn. 677, 419 A.2d 866, cert. denied, 444 U.S. 935, 100 S.Ct. 283, 62 L.Ed.2d 194 (1979), in which the defendant was afforded access to the witness' psychiatric records, we noted that in view of that access and the unrestricted cross-examination of the witness "it cannot be said that the defendant was... deprived of his [right] to... confront the witness or denied due process of law.

    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.

  7. State v. Bennett

    374 A.2d 247 (Conn. 1977)   Cited 28 times
    In Bennett, the defendant challenged an instruction stating: 'You will consider the importance to him of the outcome of the trial and his motive on that account for perhaps telling the truth.

    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.

  8. State v. Acklin

    171 Conn. 105 (Conn. 1976)   Cited 49 times
    Concluding masks and ropes seized from defendants' car were unrelated to crime because "state offered no evidence to show that the defendants used the masks and rope in the commission of the robbery with which they were charged, or that they had contemplated their use in that robbery"

    "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.

  9. State v. Crane

    362 A.2d 843 (Conn. 1975)   Cited 7 times

    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.

  10. State v. Cari

    163 Conn. 174 (Conn. 1972)   Cited 71 times

    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.