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State v. Alterio

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eBook details

  • Title: State v. Alterio
  • Author : Supreme Court of Connecticut
  • Release Date : January 08, 1966
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

On the evening of April 4, 1964, Leonard Alterio, Jr., aged seventeen, and Howard DeLoma, aged twenty, engaged in an automobile race on a public street in a sparsely populated section of the city of Bridgeport. During the race, DeLoma's car collided at an intersection with an automobile driven by Harold DeSanty, Jr., as a result of which Harold DeSanty, Sr., who was a passenger in that automobile, was killed. Alterio and DeLoma were charged in separate informations with a felony in having violated 53-17 of the General Statutes. After pleas of not guilty by the defendants, the cases were tried together. Both defendants were found guilty by a jury, and both appeal from the judgment rendered on the verdict. The appeals were argued together in this court on separate records. Section 53-17 provides, so far as material, that ""any person operating a motor vehicle upon the highways of this state who, in consequence . . . of any gross or wilful misconduct or of gross negligence, causes any loss of life"" shall be subject to the penalty provided. The language of the statute is in the alternative. State v. Carty, 120 Conn. 231, 234, 180 A. 287. The general verdict, of course, does not disclose whether the jury concluded that the defendants were guilty of gross misconduct, wilful misconduct or gross negligence. ""wanton misconduct


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