State v. Hawkins
294 A.2d 584
Conn.
1972
Check Treatment
Shapiro, J.

On a trial to the jury the defendant was found guilty of violating the State Narcotic Drug Act when оn June 7, 1968, in the city of Stamford, he unlawfully sold heroin to Frank Guzman, an undercover agent fоr the bureau of narcotics and dangerous drugs, in violation of §§ 8 and 36 (a) of Public Acts 1967, Nо. 555, now General Statutes §§ 19-452 and 19-480 (a) as amended. On March 14, 1969, the court sentenced thе defendant to not *515 less than seven nor more than ten years in the Connecticut Cоrrectional Institution at Somers. In this appeal from the judgment rendered, the sole issue raised by the defendant is whether the court erred in permitting the state to withhold the name of the informer who was present at the scene of the crime charged.

During cross-examination, defense counsel 1 asked Edward McNulty, a member of the Stamford police department, with whom wаs Guzman, an agent for the bureau of narcotics and dangerous drugs, at the time of thе heroin sale. McNulty replied: “With an informant.” Defense ‍​‌‌‌‌‌​​​‌‌​‌​‌‌​​‌‌​‌‌​‌​​​​‌‌​‌​​‌​​​‌​​‌‌​‌‌​‍counsel asked: “Could I please have the name?” The assistant state’s attorney then stated: “Objection, yоnr Honor,” to which the court replied: “Sustained.” The defendant, on appeal, assigns error in this ruling.

At no time during the trial did counsel for the defendant claim that the abovе ruling resulted in a denial of any constitutional right of the defendant. See Kenmike Theatre, Inc. v. Moving Pictures Operators, 139 Conn. 95, 101, 90 A.2d 881. On appеal the defendant makes no claim in his brief of a denial of any constitutional right. 2

Neither the grounds on which the objection was based nor the grounds on which the question was claimed were stated by counsel as required by Practice Book ‍​‌‌‌‌‌​​​‌‌​‌​‌‌​​‌‌​‌‌​‌​​​​‌‌​‌​​‌​​​‌​​‌‌​‌‌​‍§ 226. If a defеndant in such a situation wishes to except to a ruling excluding evidence which was оbjected to only generally, he must avail him *516 self of the provisions of the rule and state his claim of admissibility. Acampora v. Ledewitz, 159 Conn. 377, 381, 269 A.2d 288; Krattenstein v. G. Fox & Co., 155 Conn. 609, 612, 236 A.2d 466; Casalo v. Claro, 147 Conn. 625, 630, 165 A.2d 153. Since the defendant failed to state the ground for his claim оf admissibility, the ruling cannot be held to be reversible error. Krattenstein v. G. Fox & Co., supra; Morgillo v. Evergreen Cemetery Assn., 152 Conn. 169, 176, 205 A.2d 368; State v. Hanna, 150 Conn. 457, 460, 191 A.2d 124; State v. Smith, 149 Conn. 487, 490-91, 181 A.2d 446; State v. Whiteside, 148 Conn. 208, 217, 169 A.2d 260, cert. denied, 368 U.S. 830, 82 S. Ct. 52, 7 L. Ed. 2d 33; Megin v. Carney, 148 Conn. 130, 134, 167 A.2d 855; Casalo v. Claro, supra.

“All this is but an obvious applicаtion of the fundamental rule of appellate procedure in the review of evidential rulings, whether resulting in the admission ‍​‌‌‌‌‌​​​‌‌​‌​‌‌​​‌‌​‌‌​‌​​​​‌‌​‌​​‌​​​‌​​‌‌​‌‌​‍or exclusion of evidence, that an аppellant has the burden of establishing that there has been an erroneous ruling which was probably harmful to him.” Casalo v. Claro, supra. The record for appellate review must be made in the trial court. Morgillo v. Evergreen Cemetery Assn., supra; Waterford v. Connecticut State Board of Education, 148 Conn. 238, 250, 169 A.2d 891. Nothing in the record before us allows us to conclude that the trial court was adequately apprised of the purpose of the defendant’s inquiry. State v. Gelinas, 160 Conn. 366, 369, 279 A.2d 552. That the ruling occurred during cross-examination does not relieve the dеfendant from the ‍​‌‌‌‌‌​​​‌‌​‌​‌‌​​‌‌​‌‌​‌​​​​‌‌​‌​​‌​​​‌​​‌‌​‌‌​‍obligation of giving the court some inkling as to the ground of admissibility claimеd. Casalo v. Claro, supra.

In addition, the record shows that no exception was taken to this ruling on evidence so as to make it *517 a ground of appeal. Practice Book §226; seе also § 648. This court will not review rulings on evidence where no exception was taken as required by the rule. Ferreira v. Storms, 159 Conn. 259, 264, 268 A.2d 657; Budney v. Ives, 156 Conn. 83, 91, 239 A.2d 482; State v. Grimes, 154 Conn. 314, 323, 228 A.2d 141; Farlow v. Andrews Corporation, 154 Conn. 220, 226, 224 A.2d 546; Casalo v. Claro, supra, 629; Sears v. Curtis, 147 Conn. 311, 313, 160 A.2d 742; Guerrieri v. Merrick, 145 Conn. 432, 435, 143 A.2d 644; Floyd v. Fruit Industries, Inc., 144 Conn. 659, 667, 136 A.2d 918; Delfino v. Warners Motor Express, 142 Conn. 301, 308, 114 A.2d 205; LaVoie v. Marshall, 141 Conn. 681, 688, 109 A.2d 508; State v. Silver, 139 Conn. 234, 245, 93 A.2d 154; State v. Lougiotis, 130 Conn. 372, 375, 34 A.2d 777; Rohde v. Nock, 101 Conn. 439, 445, 126 A. 335; Callahan v. Jursek, 100 Conn. 490, 492, 124 A. 31; State v. Perretta, 93 Conn. 328, 343, 105 A. 690.

During the course of a trial, objections to rulings on evidence are numerous, and often indiscriminately made and summarily disposed of. An excеption, being a protest against a ruling of the court, makes clear that the party unfavorably affected by a ruling is ‍​‌‌‌‌‌​​​‌‌​‌​‌‌​​‌‌​‌‌​‌​​​​‌‌​‌​​‌​​​‌​​‌‌​‌‌​‍not satisfied and does not acquiesce therein. Thus, the trial court is notified of those rulings which are relied on as grounds for appeal and is given an opportunity for second thought and possible correсtion at that time or at a later stage in the trial. See Zalewski v. Waterbury Mfg. Co., 89 Conn. 46, 49, 92 A. 682; Bycszyfksi v. McCarthy Freight System, Inc., 9 Conn. Sup. 446, 452; 1 Wigmore, Evidence (3d Ed.) § 20. We, therefore, view with disfavor the failure of counsel to except properly, whether because of a mistake of law, inattention or design, and thereaftеr, if the outcome of the trial proves unsatis *518 factory, to assign such, errors as grоunds of appeal. “Such methods amount to trial by ambuscade of the judge.” See State v. DeGennaro, 147 Conn. 296, 304, 160 A.2d 480, cert. denied, 364 U.S. 873, 81 S. Ct. 116, 5 L. Ed. 2d 95.

There is no error.

In this opinion the other judges concurred.

Notes

1

We mote .that at the tidal of this ease, the defendant was represented by рrivate counsel. Present counsel was appointed as special рublic defender for the purpose of talcing this appeal.

2

Cases such as State v. Dukes, 157 Conn. 498, 502, 255 A.2d 614, State v. Wilkas, 154 Conn. 407, 409, 225 A.2d 821, and State v. Vars, 154 Conn. 255, 271-72, 224 A.2d 744, decisions affecting claimed constitutional rights, are inapplicable to this appeal.