Huffman v. People, 13607.
| Decision Date | 17 December 1934 |
| Docket Number | 13607. |
| Citation | 39 P.2d 788,96 Colo. 80 |
| Parties | HUFFMAN v. PEOPLE. |
| Court | Colorado Supreme Court |
Error to District Court, Huerfano County; A. F. Hollenbeck, Judge.
Dick Huffman was convicted of murder in the first degree, and he brings error.
Reversed and remanded.
George H. Blickhahn and Romilly Foote, both of Walsenburg, for plaintiff in error.
Paul P Prosser, Atty. Gen., and Charles H. Queary, Asst. Atty. Gen for the People.
At a jury trial, in the district court of Huerfano county, Colo beginning February 19, 1934, Huffman, the plaintiff in error, was convicted on an information charging murder in the first degree, and the jury fixed the penalty at imprisonment for life. He assigns error and will be referred to herein as the defendant.
The defendant and deceased, Lawrence Belloni, resided at Gardner, Colo., a small hamlet about 30 miles from Walsenburg, the county seat and place of the trial. The defendant supported a wife and three small children as a trapper of coyotes and other wild animals. Some time in November, 1933, he claims that some one stole a coyote and trap from its setting, and that he traced the tracks of a horse through the peculiarity of shape of a horseshoe, from the place where the trap was located to within a short distance of Belloni's home, where he had conversation with the latter's father. Later on the same day, he met deceased at a blacksmith shop in the town of Gardner, where, after some measurements of the horseshoe tracks of the horse deceased was riding, and the discovery of blood on deceased's shoe, defendant accused him of the theft, and requested him to return the coyote and trap; that, after a denial by deceased, promise was made to get defendant another coyote and trap. They did not meet again until December 9, 1933, when they met in the Agnes store in Gardner. Defendant, having just completed his round of trap inspection, went into the store prior to going home. It was his custom to carry a pistol for use in killing animals found in his traps. He was so armed at this time and again requested deceased to return his coyote and trap, which precipitated a heated argument and, the proprietor of the store requesting them to keep quiet, they went outside.
The evidence is conflicting as to which preceded the other, but a fist fight immediately ensued which lasted 25 or 30 minutes. In the course of the encounter, as the combatants became tired, they would take a brief rest and then renew the fight. The deceased was 18 years of age, in perfect health, and strong of body. Defendant was the elder by a few years, slight of build, and had recently been crippled by being thrown from a horse, the fall resulting in a broken leg and severe injury to his right shoulder. He had discontinued the use of crutches only a day or two Before the fight.
It is clear from all the evidence that Belloni administered a terrific blow to defendant behind the ear which seemed to daze him, and, while he was in that condition, he stopped for an instant, drew his pistol, and fired one fatal shot killing deceased instantly. Defendant testified that he had no recollection of firing the shot, and that, on account of the many severe blows upon his head and face, he was in such condition that he had no recollection of the latter part of the encounter. Medical witnesses for defendant testified that it was possible, under the circumstances, that the defendant was in a state of traumatic amnesia, and as a result he might have no recollection of what occurred and would not be responsible for his acts during the time his mind was in that condition.
December 16th, the district attorney petitioned the district court of Huerfano county for leave to file an information charging murder. Leave was granted and information filed on that date, charging 'that Dick Huffman * * * on or about the 9th day of December * * * at and within the County aforesaid did then and there feloniously, wilfully, deliberately, premeditatedly and of his malice aforethought kill and murder one Lawrence Belloni, contrary to the form of the Statute in such case made and provided, and against the peace and dignity of the same People of the State of Colorado.'
Defendant presents 43 assignments of error, some with probable merit, and two of which challenge our attention. In substance, these two assignments deal with the failure of the court to instruct the jury upon the defendant's theory of the case and objections to instructions given, and the refusal to give instructions tendered by the defendant.
The record discloses three kindred theories of defense: Accident self-defense, and a mental condition resulting from the...
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