State v. Burgess
Docket: File No. MV 10-71515
Court: Connecticut Appellate Court; November 7, 1969; Connecticut; State Appellate Court
Defendant Jacobs was convicted of speeding under General Statutes § 14-219 (a) after a jury trial, where the central defense was that the car detected by radar was not his. The state argued it was indeed his car traveling at seventy-three miles per hour. The jury's guilty verdict indicated their rejection of the defendant's claim. The court declined to review an assignment of error concerning allegedly prejudicial remarks made by the assistant prosecuting attorney during jury argument, as no transcript of these remarks was available. The court emphasized that it can only consider errors based on the existing record, and since the remarks were not preserved, they could not be assessed on appeal. Another issue on appeal involved the denial of the defendant's request for jury instructions allowing for a conviction of a lesser included offense—failure to comply with traffic signals under General Statutes § 14-314—if they acquitted him of speeding. The court noted that the defendant failed to provide relevant case law or a cogent argument to support this request, indicating that such an issue had not been previously raised. The court stated the burden lies with the defendant to demonstrate error through adequate legal arguments, not to prompt the court to conduct research. The court concluded there were no errors in the trial proceedings, affirming the conviction and the $30 fine imposed on the defendant. The opinion was concurred by Justices DiCenzo and Cásale.