State v. Price

534 A.2d 1196, 205 Conn. 616, 1987 Conn. LEXIS 1076
Supreme Court of Connecticut·Decided December 29, 1987·No. 13054·Published·Cited by 8 cases

Opinion

Glass, J.

After a trial to a jury, the defendant, Henry Price, was convicted of felony murder in violation of General Statutes § 53a-54c.1 From this judgment the [617] defendant appeals, claiming that the trial court erred in its jury instructions concerning: (1) the strong corroboration element of § 53a-49 (b),2 an essential ele[618] ment of the attempted robbery theory of felony murder; and (2) the intent element of felony murder. We find no error.

The jury could reasonably have found the following facts: In the early evening of September 4,1982, in the city of Hartford, the defendant along with Mishelle Reddick and Leroy Slater, had been riding in an automobile driven by John Betts. The defendant borrowed a gun from Slater. The defendant and Reddick were dropped off on Barbour Street at about 9 p.m. The defendant was purportedly looking either to buy some cocaine or to find someone who had sold him some “bad dope.” At about the same time the victim and his girlfriend, Deborah Atkins, were walking along Barbour Street. As the two couples approached each other the victim began flashing a baggie containing silver packets and money. The defendant took the gun he had borrowed from Slater out from under his coat and put it to the victim’s left temple and said something, perhaps “freeze” or “hands-up.” The defendant searched the victim, and ordered Reddick to search Atkins. The gun went off, the victim fell to the ground and the defendant searched his pockets. He again ordered Reddick to search Atkins. Nothing was taken from Atkins during either search. The defendant then asked Atkins if she had ever seen him before, and when she said she had not, he and Reddick ran away. Atkins testified that she had not seen the defendant take anything from the victim.

Hartford police officers Tracey Williams and Frank Rudowitz were standing on Barbour Street about seventy-five yards from the scene when they heard a sound “like a firecracker.” As they approached the location, they saw two people leaving the scene running westward across Barbour Street. One was a tall black male, and the other was “shorter” and “ran like a woman.” At the scene the officers found a black male [619] in his twenties lying on the ground with blood spurting from his cheek. As the victim was being placed upon the ambulance stretcher, his right hand fell open, revealing a torn plastic baggie containing silver packets. Williams and Atkins accompanied the victim to the emergency room where he later died. At the hospital, Williams was given the victim’s personal belongings—coins totaling $1.09, an identification card and some personal papers.

Pursuant to a warrant, the defendant was arrested on September 8, 1982, in his sister’s apartment in Springfield, Masachusetts. On October 4, 1982, the defendant was indicted by a grand jury on one count each of the crimes of felony murder, in violation of General statutes §§ 53a-54c, 53a-54a (c), and murder, in violation of General Statutes 53a-54a. The felony murder charge was based upon the predicate crimes of robbery or attempted robbery. The defendant was convicted as charged.

I

The defendant first claims that the trial court’s instructions to the jury violated his constitutional rights by relieving the state of its burden of proving an essential element of the offense of attempted robbery. Although the defendant took no exception to the instruction he now challenges, we will review his claim under the “exceptional circumstances” rule of State v. Evans, 165 Conn. 61, 70, 327 A.2d 576 (1973), because it “implicates the fundamental constitutional right that the state prove the guilt of an accused beyond a reasonable doubt.” State v. Miller, 202 Conn. 463, 489-90, 522 A.2d 249 (1981); In re Winship, 397 U.S. 358, 361, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970); State v. Williams, 199 Conn. 30, 34, 505 A.2d 699 (1986); State v. Amarillo, 198 Conn. 285, 299-300 n.9, 503 A.2d 146 (1986).

[620] The gravamen of the defendant’s constitutional attack is that the trial court’s language regarding attempted robbery allowed the jury to dispense with the inquiry whether conduct that could be held to be a substantial step under General Statutes § 53a-49 (a) (2), is also strongly corroborative of the actor’s criminal purpose. The defendant attacks the following language in the court’s instruction: “Examples of conduct which are strongly corroborative of the actor’s criminal purpose in a substantial step are . . . possession of materials to be employed in the commission of the crime . . . which can serve no lawful purpose of the actor under the circumstances . . . . ” (Emphasis added.) The statute, however, reads as follows: “Conduct shall not be held to constitute a substantial step under subdivision (2) of subsection (a) unless it is strongly corroborative of the actor’s criminal purpose. Without negating the sufficiency of other conduct, the following, if strongly corroborative of the actor’s criminal purpose, shall not be held insufficient as a matter of law . . . .” (Emphasis added.) General Statutes § 53a-49 (b). Because the state concedes that this instruction was technically inaccurate, we need only address whether the error was harmful.

At the outset, we note that in examining the jury charge, we “ ‘must review the instructions as a whole . . . [and that] “individual instructions are not to be judged in artificial isolation from the overall charge.” ’ ” State v. Usry, 205 Conn. 298, 314-15, 533 A.2d 212 (1987) “ ‘A phrase having a different meaning when culled from the charge will not be regarded as error when there is no “reasonable possibility” that the jury were misled.’ State v. Annunziato, 169 Conn. 517, 532, 363 A.2d 1011 (1975); Magnon v. Glickman, 185 Conn. 234, 247, 440 A.2d 909 (1981).” State v. Usry, supra, 316. After reviewing the entire charge, we are convinced that the jury was adequately instructed on the elements of attempted robbery.

[621] Although the use of the questioned language was erroneous, the trial court clearly explained the corroboration principle of attempted robbery both before and after the misstatement. Immediately following the challenged statements, the trial court instructed the jury that possession of materials, such as a gun, could constitute a substantial step “if you were to find that that is what the defendant did for the purpose of engaging in this crime.” We find that the jury instructions “ ‘ “[gave] the jurors a clear understanding of the elements of the crime charged, and [afforded] them proper guidance for their determination of whether those elements were present.” ’ ” Id.

Free access — add to your briefcase to read the full text and ask questions with AI

State v. Price, 534 A.2d 1196, 205 Conn. 616, 1987 Conn. LEXIS 1076 (Colo. 1987).

534 A.2d 1196 (State v. Price) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Hersey
826 A.2d 1183 (Connecticut Appellate Court, 2003)
State v. Adams
623 A.2d 42 (Supreme Court of Connecticut, 1993)
State v. Woodard
609 A.2d 1027 (Connecticut Appellate Court, 1992)
State v. Kelly
580 A.2d 520 (Connecticut Appellate Court, 1990)
State v. Hayes
570 A.2d 716 (Connecticut Appellate Court, 1990)
State v. Mebane
551 A.2d 1268 (Connecticut Appellate Court, 1989)
State v. Quintana
547 A.2d 534 (Supreme Court of Connecticut, 1988)
State v. Washington
546 A.2d 911 (Connecticut Appellate Court, 1988)