20 A.2d 613 | Conn. | 1941
In these cases, which were tried together, each defendant was charged with and convicted of committing the crime of indecent assault in violation of General Statutes, 6052. The court found that shortly after 1 a.m. on August 31, 1940, Zimnaruk, who was driving Chuchelow's car, brought it to a stop in an isolated spot at the side of a road in Wolcott. He thereupon made improper advances to Josephine Guarino, the twenty-two-year-old complainant who was sitting beside him, and attempted without success to force her to have sexual intercourse with him. He then twice compelled her by force to engage in an act of sexual perversion upon him. During her struggles to resist, eleven buttons were torn from her dress, and she sustained a sprain of the left knee and bruises upon her lips and the inside of her cheek. Chuchelow, who was alone in the back seat of the car, made no effort to assist the complainant, notwithstanding her requests to him to do so. After Zimnaruk had assaulted her, Chuchelow got into the front seat and although the complainant resisted, forced her to engage in a similar act of sexual perversion upon him. The court concluded that the state had established *126 beyond a reasonable doubt that each of the defendants was guilty as charged. Both defendants assign this as error. Other assignments attacking the finding have been abandoned, since the evidence is not made a part of the record. The above facts, without resort to other supporting circumstances contained in the finding which it is unnecessary to recite, are sufficient to sustain the court's conclusion.
The defendants contend that the corroboration of the complainant's testimony essential to convict in cases of this kind is lacking, and that therefore the court was not warranted in its conclusion that they were guilty beyond a reasonable doubt. This court has held that corroboration by any other witness as to the fact of the carnal knowledge by the accused of a female child under the age of ten years, is unnecessary to conviction even upon that charge. State v. Lattin,
The complainant testified as a witness for the state. It appeared that she had been questioned by the county detective in the presence of a stenographer who had taken notes and later transcribed them. The notes *127
and transcript were in court in the possession of the state. The defendants asked the court that the state's attorney be required to produce them for any effect they might have upon the credibility of the witness by reason of statements contradictory to her testimony. There was no evidence that any statements therein did contradict this testimony. The trial court refused to order their production even for the purpose of having them marked as an exhibit for identification and error is assigned in its rulings. Information disclosed to a state's attorney for the purpose of enabling him to perform the duties of the office is privileged upon grounds of public policy, and an adverse party has no right to demand its production. State v. Phelps, Kirby 282; Worthington v. Scribner,
There is no error.
In this opinion the other judges concurred.