State v. DeCosterState v. DeCoster
The defendant was charged, in an information containing two counts, with (a) operating a motor vehicle while under the influence of liquor and (b) intoxication. After the state produced evidence and rested its case, the defendant also rested, claiming that the evidence did not establish his guilt beyond a reasonable doubt. He was found guilty on both counts and has appealed.
Section 14-227 of the General Statutes provides: “No person shall operate a motor vehicle while under the influence of intoxicating liquor . . . .” The state must prove each of the two essential elements of the crime charged beyond a reasonable doubt.
State
v.
Newman,
The defendant offered no evidence and did not testify in his own behalf. The state contends that even if its evidence, standing alone, did not warrant a finding of guilt, that evidence, supplemented by the inference which the court could draw from the defendant’s failure to testify, did justify a conclusion of guilt. If the state had made out a prima facie case against the defendant, the trier was entitled to take into consideration the fact that he did not testify.
State
v.
DeGennaro,
The defendant has not pursued his appeal on the second count.
There is no error as to the second count; as to the first count, there is error, the judgment is set aside and the case is remanded with direction to render judgment that the defendant is not guilty.
In this opinion King, Murphy and Mellitz, Js., concurred; Baldwin, C. J., dissented.