State v. White

The defendant has appealed from a conviction of wilfully evading payment of a bridge toll in violation of § 13-100. In lieu of a finding, the facts have been stipulated but not made part of the record by the court. This does not constitute a finding of facts as required by our rules. State v. Cohn, 24 Conn. Sup. 232, 235; Phoenix Ins. Co. v. Carey, 80 Conn. 426, 434. There was a trial in this case, and a transcript of the evidence has been filed. The appeal should have been accompanied by a finding of facts by the trial court. Counsel cannot usurp the function of the court and determine, by…