Sec. 54-89. Direction of court to jury.
Sec. 54-89. Direction of court to jury. 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 this
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 Proper for judge to state that the statute under which accused was prosecuted was valid, until repealed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 this 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. See note to section 52-216. 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. Cited.
169 C. 377. Cited. 186 C. 696. Cited. 196 C. 519.
Cited. 8 CA 631. Cited. 10 CA 697. Cited. 15 CA 704. Cited. 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.