Chacon v. People
| Decision Date | 30 August 1971 |
| Docket Number | No. 24201,24201 |
| Citation | 175 Colo. 437,488 P.2d 56 |
| Parties | Samuel Gilbert CHACON, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error. |
| Court | Colorado Supreme Court |
Daniel B. Mohler, Colorado Springs, for plaintiff in error.
Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Robert L. Hoecker, Asst. Atty. Gen., Denver, for defendant in error.
The plaintiff in error, Samuel Gilbert Chacon, who will be referred to as the defendant, was convicted of the crime of assault with a deadly weapon.
The defendant alleges that the trial court erred in not permitting counsel to cross-examine a prosecution witness, one Charles Althause, regarding his alleged turbulent character when drunk. Althause was with Travis McLaughlin, victim of the assault, when the latter was shot by the defendant. The defendant also alleges the trial court erred in admitting in evidence the defendant's statement to police claiming that the defendant did not intelligently and knowingly waive his constitutional rights to remain silent and to have assistance of retained or appointed counsel.
At about 1:15 A.M., on October 27, 1968, the defendant was escorting two girl friends, Peggy Hoffman and Melody Peterson, home. He was carrying a loaded .22 calibre revolver because he lived 'in a tough neighborhood.'
As the defendant and his companions were walking towards their destination, two teenage soldiers, Althause and McLaughlin, were walking ahead going in the same direction. The defendant and the two girls then crossed a vacant lot which placed them ahead of the two soldiers.
The defendant testified on his own behalf. He testified that he noticed the two soldiers were gaining on him and his companions, and that the soldiers were about 30 or 35 feet behind him when he turned around, showed them the gun and 'I said, 'All right, halt. " Then he fired two shots, one of which hit McLaughlin.
He admitted on cross-examination that prior to the shooting neither Althause nor McLaughlin said anything or made any gestures.
Peggy and Melody testified. Their testimony was the same as the defendant's I.e., no statements or utterances or gestures were made by either Althause or McLaughlin.
A person who is in a situation where it appears that he is in real danger has the right to act upon appearances, even though such appearances may prove to be deceptive. Young v. People, 47 Colo. 352, 107 P. 274.
The record contains no evidence that the defendant or his girl friends were in any danger. Nevertheless, the court instructed the jury on the defendant's theory of the case, I.e., self-defense...
To continue reading
Request your trial
-
State v. Edwards
...supra; United States v. McIntire, 461 F.2d 1092 (5th Cir. 1972); Black v. State, 230 Ga. 614, 198 S.E.2d 314 (1973); Chacon v. People, 175 Colo. 437, 488 P.2d 56 (1971); Allen v. State, 38 Fla. 44, 20 So. 807 (1896); 1 A.L.R.3d 571 (1965). Self-defense is relative. It is available as an exc......
-
State v. Brent
...supra; United States v. McIntire, 461 F.2d 1092 (5th Cir. 1972); Black v. State, 230 Ga. 614, 198 S.E.2d 314 (1973); Chacon v. People, 175 Colo. 437, 488 P.2d 56 (1971); Allen v. State, 38 Fla. 44, 20 So. 807 (1896); 1 A.L.R.3d 571 The record before us contains no evidence tending to show t......
-
People v. Walker, 26243
...93 P.2d 897 (1939); and (c) it was relevant to the defense of self-defense raised in the assault charge in Count II. Chacon v. People, 175 Colo. 437, 488 P.2d 56 (1971). See Bailey v. People, 54 Colo. 337, 130 P. 832 (1913); Annot., 'Admissibility of Evidence as to Other's Character or Repu......
-
Municipal Court In and For Town of Vail, Eagle County v. Brown, 23288
... ... E.g., Fehringer v. People, 59 Colo. 3, 147 P. 361 ... We point out here that the complaint issued in this case does contain allegations other than the section ... ...
-
Self-defense in Colorado
...18-1-407. 9. People v. Fincham, 799 P.2d 419 (Colo. App. 1990). 10. Id. 11. People v. Tapia, 515 P.2d 453 (Colo. 1973); Chacon v. People, 488 P.2d 56 (Colo. 1971). 12. Enyart v. People, 67 Colo. 434, 180 P. 722 (1919). 13. Idrogo v. People, 818 P.2d 752 (Colo. 1991). 14. Id. at 755-56. 15. ......