159 Conn. 608 | Conn. | 1970
Upon a trial to a jury, the defendant was found guilty of the crime of conspiracy to commit theft of merchandise and money in excess of
It was an essential element of the state’s case to prove beyond a reasonable doubt that the defendant intentionally participated in the conspiracy to commit theft with a view to the furtherance of the criminal purpose or design. State v. McLaughlin, 132 Conn. 325, 333, 44 A.2d 116. The denial by the defendant that he knew the alleged coconspirators warranted an inference of consciousness of guilt and must be conceded to be evidence of “guilt itself.” 2 Wigmore, Evidence (3d Ed.) § 276. Its admission into evidence therefore may have been a critical factor in the jury’s finding of participation by the
There is error, the judgment is set aside and a new trial is ordered.