184 A.2d 183 | Conn. Super. Ct. | 1962
In a trial to the court, the defendant was found guilty of carrying a concealed weapon upon his person in violation of §
The facts are as follows: On August 22, 1961, at about 9:30 p.m., the defendant and one Donald Bigelow were brought into the Willimantic police headquarters. They were asked to remove the contents of their pockets and then were placed in adjoining cells. A short time later, Bigelow started shouting that the defendant wanted to kill himself. Thereupon *427 upon Sergeant Haddad, who was in charge of the desk at the police headquarters, went into the cellblock and found the defendant banging his head against the steel door of the cell. The defendant said that he wanted to kill himself. Sergeant Haddad then left the cellblock and returned with officers Tipper and Palmer. He told the defendant that they were going to search him. The defendant said that he had nothing on him and that he already had been searched. The officers had the defendant step out of the cell and undress, the defendant passing the articles of clothing to officers Tipper and Palmer, who examined each garment. When the defendant removed his right shoe and sock, a straight razor fell out.
Section
The portion of this section which is italicized was added by the 1953 General Assembly. Cum. Sup. 1955, § 3287d. At the same time, the legislature added what is now §
These two sections specify two different crimes with differing penalties. It is to be noted that §
The question raised by the defendant's first two assignments of error is whether a straight-edged razor is a "dangerous or deadly weapon" within the meaning of §
In his third assignment of error, the defendant claims that the court erred in concluding on all the evidence that he was guilty beyond a reasonable *430 doubt. This court has examined the entire evidence disclosed by the transcript of evidence. From the undisputed facts and the conflicting evidence, the trial court could reasonably have found as it did in its finding that the defendant concealed a straight razor on his person and carried it with him for several hours and that the demeanor and conduct of the defendant on the evening in question contradicted his statements as to why he had the razor on his person.
The determination of the credibility of the witnesses and the weight to be given to the testimony of each witness is the exclusive function of the trial court, and, in view of its opportunity to observe the witness on the stand, its conclusion is rarely disturbed.State v. Coulombe,
There is no error.
In this opinion GEORGE and JACOBS, Js., concurred.