State v. Avcollie

This opinion is the result of collaboration on the part of all members of the court to an unusual degree. See State v. Hayes, 127 Conn. 543, 549, 18 A.2d 895. The defendant moves to dismiss the state’s appeal challenging the court’s action in setting aside the jury’s verdict of guilty and rendering a judgment of acquittal. The pertinent facts of the case are as follows.

On July 20, 1977, the foreman of a jury of twelve announced in open court that a verdict had been reached. After calling the roll of the jury, the clerk, following established procedures, asked, “Is Bernard Avcollie guilty of…