1 Conn. Cir. Ct. 616 | Conn. App. Ct. | 1963
The defendant was convicted of shoplifting goods of a value not in excess of $15
The defendant contends that the court erred in finding certain facts which he asserts were found without evidence. These claims are futile. The challenged findings of facts are amply justified by the evidence. The defendant also claims error in the refusal of the court to find certain other facts which he claims were admitted or undisputed. Some of the suggested facts are not material. Beach v. First National Bank, 107 Conn. 1, 4. Other facts were neither admitted nor undisputed. “A fact is not an admitted or undisputed fact because the witness who testified to it has not been contradicted. The acceptance or rejection of testimony is a matter for the trial court.” State v. Annunziato, 145 Conn. 124, 129. The finding, as made, must stand.
The finding may be stated in summary as follows: The J. M. Fields department store located in Bran-ford has a shoe department in which shoes offered for sale are displayed upon racks. Each pair of shoes so displayed are clipped together with a safety clip and security price tag. Signs are posted throughout the store advising the public that removal of such clips is prohibited. Various checkout stations with cash registers are located throughout the store. Such checkout stations are located on the opposite side of the store, in relation to the shoe department. A customer who wishes to make a
“The intent of the General Assembly in passing the act, as expressed by it, is the controlling factor, and in ascertaining this ‘the application of common sense to the language, is not to be excluded.’ ” State v. Bello, 133 Conn. 600, 604. “Conceal” was defined in State v. Ward, 49 Conn. 429, 442, as follows: “The word ‘conceal’ was not used in the statute in a technical sense. It includes all acts done which
The defendant further contends that the court could not upon all the evidence have found him guilty beyond a reasonable doubt. We have examined the evidence, and we are satisfied that there was adequate evidence on which the court could find guilt proven beyond a reasonable doubt.
There is no error.