5 Conn. Cir. Ct. 214 | Conn. App. Ct. | 1968
The defendant, having been convicted of the erime of theft of goods exposed for sale, has appealed, assigning error in the court’s
The court found, upon conflicting evidence, the following facts: On December 19, 1966, at about 9 p.m., George Zeeb was a security officer employed by the Edward Malley Company of New Haven. On that date he went to the store’s tire center, and while he was there he observed two men having tires installed on their car, one of whom was the defendant and the other the defendant’s brother. Zeeb observed one of the men talking to the mechanic who was installing the tires while, he observed, the other man was removing batteries from a shelf and was placing them outside the door near a pile of trash. The two men would switch positions; while one talked to the mechanic, the other would remove a battery from the shelf and deposit it outside. In the meantime, the mechanic was on his hands and knees on the opposite side of the car. After the
The defendant contends that as a matter of law the court erred in reaching its conclusion of guilt. A conclusion must stand if it is legally and logically
The defendant further claims that the court indicated that the production of a certain witness, “Tony,” was the obligation of the defendant. The defendant further suggests that the conclusion of guilt was predicated on his failure to produce this witness. There is nothing in the finding to support either of these contentions, and they might both be properly ignored. We, however, briefly consider them. It appears that “Tony” was the manager of Malley’s tire department, and the defendant claimed he had an arrangement with “Tony” which, if proven, would remove the element of taking without permission. There is nothing on the face of the rec
There is no error.
In this opinion Kinmonth and Macdonald, Js., concurred.
It should "be pointed out that there has been a failure by the defendant to conform to our rules relating to appeals. The defendant filed his appeal on August 15, 1967. In his appeal, he made no request for a finding as required by § 979 of the Practice Book. On March 6, 1968, some six months later, the defendant requested a finding. A finding appears to have been filed by the court on May 7, 1968. On May 27, 1968, the defendant filed his assignment of errors. In this respect, our rules require that an assignment of errors “shall be filed by the appellant within two weeks from the date . . . the finding is filed.” Practice Book § 987. Since the appellee has waived these deviations from our rules, we will review the issues assigned as errors. In so doing, however, wo are not unmindful that this court might, on its own motion, dismiss this appeal as provided in § 976 of the Practice Book.