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State v. Hunt

Supreme Court of Connecticut
Nov 13, 1968
251 A.2d 77 (Conn. 1968)

Opinion

Argued November 8, 1968

Decided November 13, 1968

Information charging the defendant with the crime of rape, brought to the Superior Court in New Haven County and tried to the jury before Bogdanski, J.; verdict and judgment of guilty and appeal by the defendant. Appeal withdrawn.

James W. Marshall, for the appellant (defendant).

David B. Salzman, assistant state's attorney, with whom, on the brief, were George R. Tiernan, state's attorney, and Robert K. Walsh, assistant state's attorney, for the appellee (state).


On June 10, 1968, the Supreme Court of the United States granted certiorari in the case of Hunt v. Connecticut, 392 U.S. 304, 88 S.Ct. 2063, 20 L.Ed.2d 1110, and ordered and decreed that the judgment rendered by us in State v. Hunt, 154 Conn. 517, 227 A.2d 69 (decided February 21, 1967), be vacated and the case remanded for further consideration in the light of Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476, and Roberts v. Russell, 392 U.S. 293, 88 S.Ct. 1921, 20 L.Ed.2d 1100, each decided after our decision in State v. Hunt, supra.

Pursuant to that order, a hearing on the need for a reargument of the appeal in State v. Hunt, supra, was held on July 2, 1968, at which time counsel for the parties appeared and were heard. Thereupon, briefs were ordered to be filed on or before October 1, 1968. See State v. Hunt, 156 Conn. 664, 244 A.2d 413.

Following the filing of briefs pursuant to our order of July 2, 1968, the case was assigned for reargument on November 8, 1968. On that date, counsel for the parties appeared and were fully heard. Within an hour after completion of the arguments, however, counsel for the defendant reappeared with the defendant and, in the presence of the state's attorney, stated that the defendant wished to withdraw his appeal. The matter was put over until the afternoon session, at which time the defendant's counsel informed us that a withdrawal of appeal, signed by him and by the defendant himself, had been filed.

In open court and in the presence of counsel for the parties, the defendant was asked whether he spoke and understood English, whether he understood what his withdrawal of appeal was and what it meant and whether, as to it, he was acting voluntarily. To each question, the defendant responded in the affirmative and stated that the reason for his withdrawal of appeal was to avoid the hazard of a new trial on the same charge with its attendant possibility of an increased sentence. The state's attorney indicated that he had no objection to the withdrawal of the appeal.


Summaries of

State v. Hunt

Supreme Court of Connecticut
Nov 13, 1968
251 A.2d 77 (Conn. 1968)
Case details for

State v. Hunt

Case Details

Full title:STATE OF CONNECTICUT v. DONALD E. HUNT

Court:Supreme Court of Connecticut

Date published: Nov 13, 1968

Citations

251 A.2d 77 (Conn. 1968)
251 A.2d 77

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