State v. LaBreckState v. LaBreck
The defendant was tried to a jury on an indictment charging murder in the first degree in that the murder was committed while perpetrating or attempting to perpetrate a burglary.
The defendant has appealed from the judgment, assigning as error that he was denied the right to have his attorney present during the grand jury proceedings, that the court erred in its charge to the jury and that pictures which were prejudicial tо him were admitted in evidence. Assignments of error attacking the finding are abandoned.
State
v.
Griffiths,
The defendant offered no evidence at the trial. The state offered evidence to prove, and claimed to have proved, the following facts. The defendant and an accomplice had broken into a dwelling in West Hartford and were in the basement attempting to open a safe which was located there when the victim of the murder, a cleaning woman, entered the house on the morning of March 3, 1967. The victim discоvered their presence and, while attempting to flee, was beaten over the head with a rifle barrel by the defendant. The victim was found, unconscious and bleeding, on the kitсhen floor of the house and was taken to a hospital where she was found to he suffering from a fractured skull and a brain injury. She remained in a hospital until she died on October 24, 1967.
The record fails to disclose that the defendant was denied counsel before the grand jury although the statement that this occurred, which is made in the defendant’s brief, is not disputed by thе state. The defendant concedes that this claimed error is with
The only portion of the court’s charge which is before us is the short paragraph in which error is assigned. We аssume, therefore, that the remainder of the charge was correct in law and that the jury followed the instructions given them.
Intelisano
v.
Greenwell,
At the conclusion of the entire charge counsel for the defendant objected to the court’s “commenting on the fact that Mr. LaBreek did not testify. I believe nothing should have bеen said . . . .” The claim now made is that in the absence of a request for such a charge by the defendant the charge violated the rule in
Griffin
v.
California,
Cases dealing with the application of the
Griffin
rule are collected in an annotation in
In addition to the facts already related, the state offered evidence to prove and claimed to have proved that the police found the victim on the floor of the kitchen at about 8:40 p.m. on March 3, 1967. She was alive but unconscious and therе was blood on the floor and spattered on a cabinet. Upon her removal to a hospital an operation was performed necessitated by a large skull fracture, a large blood clot pressing against the brain and a half inch displacement of the brain within the skull. A section
A police officer testified that he found the victim lying on the kitchen floor with her head near a counter and her feet extended. The state then offered a photograph which the officer identified as a fair representation of the area where the victim was found. The victim’s body did not appear, but what appeared to be blood was shown to be spattered on the floor, on a wall and on the side of the counter. The defendant objected that the picture served “no useful purpose” and was “just inflammatory”. The state claimed the exhibit to indicate the force used when the wound was inflicted. The court admitted the picture as an exhibit and the defendant duly excepted.
A neurosurgeon testified for the state concerning the victim’s critical condition upon her admission to the hospital and that a tracheostomy was performed to save her life. He was then shown a photograph of the back of the victim’s head after the operation had healed which he identified as showing the area оf the injury which he had described. Defense counsel objected that the picture was irrelevant and would only inflame the jury. The state claimed the exhibit as a step in meeting its burden to establish a causal connection between the injury of March 3, 1967, and the death seven months later. The court admitted the picture in evidence and the defendant duly еxcepted.
The great weight of authority is that photographs, even though gruesome, are admissible in evidence when otherwise properly admitted if they have a reasonable tendency to prove or disprove a material fact in issue or shed some light upon some material inquiry. Note,
A vital element in the state’s case was proof beyond a reasonable doubt that the victim’s death was causally сonnected to the massive skull fracture and brain injury inflicted by the defendant. None of the photographs were in color and each of them served to illustrate to the jury the conditions described in the testimony of the several witnesses concerning the aspects of the proof with which they were concerned.
State
v.
Conte,
There is no error.
In this opinion the other judges concurred.