10 Conn. App. 499 | Conn. App. Ct. | 1987
This is an appeal following a judgment of conviction for breach of peace, a violation of General Statutes § 53a-181. The defendant was tried to the court. At the close of the state’s case, he moved for judgment of acquittal, attacking the sufficiency of the evidence. The motion was denied and the defendant thereupon presented evidence of his own. His evidence, however, did not present a different version of what had occurred. It consisted merely of an alibi offered to show that he was at another place at the time of the events complained of. We, therefore, have no occasion in this case to consider the rule that the defendant may not raise on appeal the failure of the state to present a prima facie case after he has presented evidence of his own. See State v. Rutan, 194 Conn. 438, 440-44, 479 A.2d 1209 (1984).
General Statutes § 53a-181 (a) contains six subsections prohibiting various kinds of conduct. The state and the defendant agree that only the first and fifth of these subsections describe conduct which the court might have found to have occurred from the evidence offered by the state.
Section 53a-181 (a) provides in part: “A person is guilty of breach of peace when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (1) Engages in tumultuous or threatening behavior in a public place; or . . . (5) in a public place uses abusive or obscene language or makes an obscene gesture . . . .”
The defendant argues first that the court erred in denying his motion for judgment of acquittal because the state failed to establish each essential element of the crime beyond a reasonable doubt. Because the evidence offered by the defendant after the denial of his motion added nothing to the state’s case, we consider this as a claim that upon all the evidence the court could not reasonably have convicted the defendant. When such a challenge is made, the issue is whether the trier could have reasonably concluded, upon the facts established and the inferences reasonably drawn therefrom, that the cumulative effect of the evidence established guilt beyond a reasonable doubt. State v. Carter, 196 Conn. 36, 44, 490 A.2d 1000 (1985). The evidence must be viewed in the light most favorable to sustaining the
The second claim of the defendant is that his conviction was not supported by the evidence. He argues that because the credibility of his alibi witnesses was not attacked, there is necessarily a reasonable doubt as to his guilt. This argument also requires little discussion. The credibility of witnesses is for the trier, who can believe or disbelieve all or any part of the testimony of any witness. We cannot substitute our judgment for that of the trial court on such an issue.
There is no error.
In this opinion the other judges concurred.