The court shall decide all issues of law and all questions of law arising in the trial of criminal cases. In committing the cause to the jury, if in the opinion of the court the evidence is not sufficient to justify the finding of guilt beyond a reasonable doubt, the court may direct the jury to find a verdict of not guilty; otherwise the court shall submit the facts to the jury without directing how to find their verdict.
(1949 Rev., S. 8806.)
How far jury judges of the law and of its constitutionality. 40 C. 248; 47 C. 551, 552; 69 C. 127. Cited. 46 C. 339. Jury as much bound by the law as the judge. 47 C. 551, 552. Comments on evidence permissible so long as they do not amount to directions as to verdict. 57 C. 529; 64 C. 329; 103 C. 486; 105 C. 764. Instance of charge in violation of spirit of statute. 63 C. 47. Proper for judge to state that the statute under which accused was prosecuted was valid, until repealed or pronounced otherwise by higher court. 65 C. 287; 69 C. 127. A judge has complied with provision of statute when he has given the jury instructions required to enable it to understand the nature of the offense and the questions it is to decide, to weigh the evidence applicable thereto and to intelligently decide thereon. 72 C. 43. Instruction permitting jury to determine law is error. 75 C. 218, 234. Court may state opinion on evidence; 64 C. 330; 67 C. 581; 72 C. 40; 78 C. 28; 81 C. 98; 83 C. 160; Id., 601; 87 C. 5; Id., 285; 98 C. 467; 109 C. 91; thus, may give opinion that newspaper is within statute as to obscene literature; 73 C. 18; may comment on testimony as to good character of accused; 83 C. 597; so as to testimony of an accomplice; 72 C. 321; 75 C. 326; 76 C. 342; 84 C. 152; Id., 411. Granting new trial. 65 C. 274; 69 C. 190. Rules same as in civil action. 72 C. 109; 74 C. 638; 79 C. 481. Capital case. 81 C. 22. Prior to 1921, court could not direct verdict of not guilty. 96 C. 639. But otherwise under present law. 99 C. 244; 100 C. 643. How far court may go in charge without violating rule against directing verdict of guilty. 99 C. 244; 103 C. 486; 105 C. 764. Direction of verdict of not guilty in case of one defendant held erroneous. 100 C. 643. Cited. 146 C. 327; 169 C. 377; 186 C. 696; 196 C. 519.
Cited. 8 CA 631; 10 CA 697; 15 CA 704; 19 CA 576.
Court may direct verdict of not guilty when reasoning mind could not reasonably reach conclusion other than that the evidence, under the law, is not sufficient to justify finding of guilty beyond reasonable doubt. 4 Conn. Cir. Ct. 192. Court may not direct jury to find verdict of guilty. 5 Conn. Cir. Ct. 222. Cited. 6 Conn. Cir. Ct. 650.
Notes of Decisions
Cited in
16
cases (
1 in the last 5 years), 1959–2021 · leading case:
State v. DeMatteo, 443 A.2d 915 (Conn. 1982).
State v. DeMatteo, 443 A.2d 915 (Conn. 1982).
· cites it 4× “2d 576 (1973), claiming a violation of his right to a fair trial in that the court unfairly summarized the testimony, invading the fact-finding province of the jury.”
State v. Fletcher, 525 A.2d 535 (Conn. App. Ct. 1987).
· cites it 4× “I, §§ 8 and 19; General Statutes § 54-82b; Practice Book § 839.”
State v. Ubaldi, 462 A.2d 1001 (Conn. 1983).
· cites it 2× “General Statutes § 54-89; State v. Chapman, 103 Conn.”
Banks v. Comm'r of Corr., 339 Conn. 1 (Conn. 2021).
· cites it 2× “Recuenco, supra, 220–22 (rejecting argument that subjecting trial court’s failure to submit sentencing factor to jury to harmless error analysis amounted to improper directed verdict of guilty); Neder v.”
State v. Cavros, 494 A.2d 550 (Conn. 1985).
· cites it 2× “” He further maintains that by focusing on the offense of murder, the court may have given the jury the impression that the crime was to be considered independently of self-defense, when in fact “the issue of whether the [defendant's actions were justified was an element of the…”
State v. Washington, 546 A.2d 911 (Conn. App. Ct. 1988).
· cites it 2× “We first recognize that a trial court may never impose a directed verdict of guilty regardless of the weight of the evidence; General Statutes § 54-89; State v. Ubaldi, 190 Conn.”
State v. Nims, 513 A.2d 1280 (Conn. App. Ct. 1986).
· cites it 2× “General Statutes § 54-89 provides, in pertinent part, that the “court shall submit the facts to the jury without directing how to find their verdict.”
State v. Paladino, 563 A.2d 321 (Conn. App. Ct. 1989).
· cites it 3× “*581 III In his third claim of error, the defendant argues that the court’s comments to the jury violated General Statutes § 54-89 in that they had the effect of directing a verdict against him.”
State v. Gosselin, 363 A.2d 100 (Conn. 1975).
· cites it 2× “375 ; General Statutes § 54-89; Maltbie, Conn. App.”
State v. Edge, 707 A.2d 1271 (Conn. App. Ct. 1998).
· cites it 2× “We are aware of no Connecticut case that resolves the issue of whether, as a matter of law, a motion for a mistrial must be granted in the circumstances of this case. No rule of practice nor any statute governing *748 motions for judgment of acquittal specifically describes the…”
State v. Corrigan, 228 A.2d 568 (Conn. App. Ct. 1967).
· cites it 2× “637, 643 ; see General Statutes § 54-89; Maltbie, Conn. App.”
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