Sec. 53a-45. Murder: Penalty; waiver of jury trial; finding of lesser degree. - Connecticut Statutes

      Sec. 53a-45. Murder: Penalty; waiver of jury trial; finding of lesser degree. (a) Murder is punishable as a class A felony in accordance with subdivision (2) of section 53a-35a unless it is a capital felony or murder under section 53a-54d.

      (b) If a person indicted for murder or held to answer for murder after a hearing conducted in accordance with the provisions of section 54-46a waives his right to a jury trial and elects to be tried by a court, the court shall be composed of three judges designated by the Chief Court Administrator or his designee, who shall name one such judge to preside over the trial. Such judges, or a majority of them, shall have power to decide all questions of law and fact arising upon the trial and render judgment accordingly.

      (c) The court or jury before which any person indicted for murder or held to answer for murder after a hearing conducted in accordance with the provisions of section 54-46a is tried may find such person guilty of homicide in a lesser degree than that charged.

      (1969, P.A. 828, S. 45; P.A. 73-137, S. 1; P.A. 80-442, S. 13, 28; P.A. 82-298, S. 4; P.A. 83-210, S. 2, 5; P.A. 92-260, S. 22.)

      History: P.A. 73-137 added reference to capital felonies in Subsec. (a) and substituted reference to Sec. 53a-46a for reference to Sec. 53a-46, deleted former Subsec. (b) which had allowed person indicted for murder to plead guilty with consent of court and state's attorney in which case court would sentence him as for a Class A felony, relettering former Subsecs. (c) and (d) accordingly; P.A. 80-442 specified punishment in accordance with Sec. 53a-35a and deleted reference to death sentenced under Sec. 53a-46a in Subsec. (a), effective July 1, 1981; P.A. 82-298 amended Subsec. (b) to provide that court shall be composed of three judges designated by chief court administrator, who shall also name one such judge to preside, where previously one judge was the judge presiding at the session and the other two were designated by the chief justice of the supreme court; P.A. 83-210 amended Subsecs. (b) and (c) by inserting "or held to answer for murder after a hearing conducted in accordance with the provisions of section 54-46a"; P.A. 92-260 amended Subsec. (a) to add exception for "murder under section 53a-54d", amended Subsec. (b) to replace provision that such judges or a majority of them "shall determine the question of guilt or innocence and shall, as provided in said section 53a-46a, render judgment and impose sentence" with "shall have power to decide all questions of law and fact arising upon the trial and render judgment accordingly", and amended Subsec. (c) to replace "him" with "such person".

      See annotations to part IV.

      Cited. 187 C. 6.

      Cited. 9 CA 686.

      Subsec. (a):

      Cited. 201 C. 435.

      Subsec. (b):

      Cited. 180 C. 382. Cited. 190 C. 639. Cited. 198 C. 77. Cited. 199 C. 163. Cited. 207 C. 374.

      Subsec. (c):

      Constitutionally permissible for a jury to find a defendant indicted for murder guilty of homicide in a lesser degree where the evidence supports such a finding although the state of mind required is different. 180 C. 382. Cited. 181 C. 187; Id., 406. Cited. 182 C. 66. Cited. 188 C. 542. Cited. 190 C. 639. Cited. 193 C. 695. Cited. 195 C. 232. Manslaughter is not lesser included offense of felony murder. 196 C. 421. Cited. 201 C. 174; Id., 368. Cited. 206 C. 346. Cited. 210 C. 78. Cited. 212 C. 593. Cited. 214 C. 57. Cited. 225 C. 55. Cited. 226 C. 237. Cited. 231 C. 115. Cited. 240 C. 727.

      Cited. 7 CA 180. Cited. 17 CA 502; judgment reversed, see 213 C. 579. Cited. 40 CA 151.

      Cited. 42 CS 426.

      Subsec. (d):

      Cited. 206 C. 346.