People v. Young, 26734

• Decision Date: 01 November 1976
• Docket Number: No. 26734,26734
• Citation: 555 P.2d 1160,192 Colo. 65
• Parties: The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Freddie Lee YOUNG, Defendant-Appellant.
• Court: Colorado Supreme Court

Page 1160

555 P.2d 1160

192 Colo. 65

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Freddie Lee YOUNG, Defendant-Appellant.

No. 26734.

Supreme Court of Colorado, En Banc.

Nov. 1, 1976.

Rehearing Denied Nov. 22, 1976.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., E. Ronald Beeks, Asst. Atty. Gen., for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, for defendant-appellant.

KELLEY, Justice.

Defendant-appellant appeals his conviction of accessory to first degree murder 1971 Perm.Supp., C.R.S.1963, 40--8--105. ¹ We affirm.

The record discloses the following events which occurred in Colorado Springs. During defendant's trial Mr. Cecil Rowe testified that at approximately 8:30 p.m. on August 31, 1973, he observed an automobile drive along West Pike's Peak Street near his home and stop. He saw a man riding on the passenger side of the car remove a person from the back seat, and place him against the curb. The passenger then re-entered the car, and the car left. The evidence showed that the passenger who was placed against the curb subsequently died from a gun shot wound inflicted by the passenger who re-entered the auto.

Officer Bush testified that at 8:35 on the same evening he pursued an automobile driven by defendant which was similar to the car described by Mr. Rowe, after the auto had run a red light. When the defendant's car stopped, the person on the passenger side fled the vehicle. When Officer Bush asked defendant why the man had run, the defendant replied that he did not know, and that the passenger had been a hitch-hiker. The officer allowed defendant to drive on, and did not issue a citation.

Officer Ed Lans testified that on September 10, 1973, defendant appeared at the Colorado Springs police station. After being advised of his rights, he began to relate, in the first of three versions, what had happened the night of August 31, 1973. According to Officer Lans, defendant stated that he had been approached by a person whom he later identified as Flip Small who sought a ride from West Colorado Avenue to west Colorado Springs in exchange for two dollars. Defendant agreed to the proposition. However, he became lost en route, and when he was stopped for a traffic violation his passenger ran from the vehicle.

In his second version, defendant stated that he had agreed to give two strangers a ride to west Colorado Springs in return for two dollars. During the ride the two appeared to be engaged in a narcotics transaction. The passenger in the rear seat pulled a gun. During a struggle which ensued, the back seat passenger was wounded. The front seat passenger then told defendant where to drive, and subsequently ordered him to stop the car. The front seat passenger removed the wounded passenger from the car and placed him against the curb. He then re-entered the vehicle and ordered defendant to continue driving. When defendant was stopped by the police, the passenger fled.

Detective Short testified that late in the evening of September 10, 1975, defendant offered interrogators a third version of the incident. On this occasion defendant stated that he and his friend, Flip Small, had approached a male person standing on Colorado Avenue around 8:00 p.m. They persuaded the stranger to get into the car in order to show them the way to the 'Merry-Go-Round', a bar on West Colorado Avenue. On the way, Flip Small took a gun from the glove compartment, pointed it at the stranger, and demanded money. A struggle ensued in which Small hit the stranger, and the gun discharged, wounding the stranger. Small then directed defendant to another street and told him to stop the car. Thereupon Small unloaded the wounded man, got back in the car, and said to defendant 'let's go man.' When defendant was stopped by the police, Small jumped out of the car. Defendant stated that he had not told the officer why Small had run off because Small was hiding in the bushes nearby with the gun and defendant was afraid.

Defendant also told the police interrogators that when he is returned to Denver, he asked his wife to wash the blood from the back seat of the car.

Defendant contends the following errors require this court to reverse the judgment of the trial court: (1) 1971 Perm.Supp C.R.S.1963, 40--8--105 is unconstitutionally vague and overbroad. (2) The evidence was insufficient to sustain the verdict of the jury. (3) The trial court erred in refusing to submit one of defendant's instructions to the jury.

We do not agree with defendant's first assignment of error. The statute meets the accepted test in this jurisdiction by giving fair warning of the conduct forbidden. Men of common intelligence can readily comprehend the statute's meaning and application. See...