State v. Riggle, 2666
| Court | United States State Supreme Court of Wyoming |
| Writing for the Court | BLUME |
| Citation | 76 Wyo. 1,298 P.2d 349 |
| Parties | The STATE of Wyoming, Plaintiff and Respondent, v. Clay RIGGLE, Defendant and Appellant. |
| Docket Number | No. 2666,2666 |
| Decision Date | 05 June 1956 |
William G. Watt, D. N. Sherard, Wheatland, Thomas O. Tacy, Council Bluffs, Iowa, for appellant.
George F. Guy, Atty. Gen., Robert H. McPhillamey, Deputy Atty. Gen., Howard B. Black, Walter J. Muir, Arthur F. Fisher, Asst. Attys. Gen., Milton R. Foe, County and Pros. Atty. of Platte County, Wheatland, for respondent.
The defendant Clay Riggle was charged with the crime of first degree murder. He pleaded not guilty, and later further pleaded not guilty by reason of insanity. A trial was had, and the jury convicted the defendant of first degree murder without adding the phrase 'without capital punishment' as permitted by the provisions of § 9-201, Wyoming Compiled Statutes 1945, and the defendant was thereupon sentenced to die in the gas chamber in the penitentiary at Rawlins, Wyoming.
Defendant Riggle was born on December 20, 1900, in Woodbine, Iowa. Two weeks before graduating from high school at Macedonia, Iowa, he left and came west to Wyoming. In 1920 he started following rodeos and did so for approximately twenty years. He specialized in trick roping and by reason of that acquired the nickname of 'Tricky'. Some twenty years before 1953, he was thrown from a steer, striking his head against a post of the fence surrounding the arena and was unconscious for a period of about twenty minutes. Some nineteen years previous to 1953, he was thrown from a Brahma bull, striking his head against a wooden fence and was unconscious for about thirty minutes. Thereafter when riding in a bucking bronco show he was thrown to the ground and rendered unconscious and suffered total amnesia for a period of three days, regaining his memory in another town. During the three-day period of amnesia, he rode broncos with ordinary skill. These facts are according to the testimony of the defendant himself. Defendant came back to Wyoming about 1941, apparently doing ranch work for a time. He worked for Charles Perry in a lumber yard for about three or four years prior to 1953. He did some plastering, flooring, general lumber work, stacking lumber, loading trucks and so forth. While working for Perry in October 1952, Riggle suffered a fall from a scaffold upon which he was standing, his head being about nine feet above the floor, and struck his head on the concrete floor and was unconscious for possibly thirty seconds. He went on working that day but was unable to work the next day because of a headache. Thereafter in January 1953 he fell backward from a boxcar and during the same month he commenced having spells of partial consciousness during which he mumbled to himself incoherently, forgetful of the presence of others who were with him, forgetful of some of the work he was doing. Some time during the same month he sank to the ground on several occasions, his knees buckling under him, these spells lasting up to March 28, 1953. The injuries from the falls did not require a doctor during that time. After the mumbling period he showed no changes other than forgetfulness, irritability and awkwardness.
He became acquainted with Frances Williamson during the summer of 1952 and according to his testimony, he and Frances agreed to be married about March 28, 1953. The defendant testified that about March 1, 1953, while in the apartment of Frances Williamson, he had some arguments with Walter Akerblade, the deceased, at which time he told Akerblade that he and Frances Williamson were engaged to be married and that he threw Akerblade out of the apartment.
The homicide with which the defendant is charged occurred on the evening of March 28, 1953, between 8:15 and 8:30 p. m. In this connection two different places in Wheatland, Wyoming, should be noted. The homicide with which the defendant is charged occurred in what is called the Angle Cafe which is on an alley in Wheatland, and doors of the cafe being on the south side thereof facing the alley. The other place to be noted is the Top Hat Bar which is in a block directly west of the block in which the Angle Cafe is located. The Top Hat Bar faces Ninth Street which is the main street of Wheatland and is approximately in the middle of the block. Immediately south and on the corner of the same block is the Pioneer Drug Company. The street south of the Pioneer Drug Company, running east and west, is Gilchrist Street and there is an alley west of the Top Hat Bar and the Pioneer Drug Company which runs north and south, and in which the defendant had parked his car.
The defendant quit his work at the lumber yard about 5:30 p. m. on March 28, 1953. His movements were traced to a more or less extent, commencing with about six o'clock that evening, by four different witnesses. They did not all testify to the same matters or incidents but all agreed that the defendant was angry at Frances Williamson and Akerblade from about six o'clock that evening up until the time the homicide here in question took place at about 8:15 p. m. to 8:30 p. m. of that date.
The witness Sparks, bartender at the Top Hat Bar, testified that about six o'clock that evening he saw Akerblade, Frances Williamson, Randall, and the defendant Riggle in the bar. Defendant was angry and excited. Frances Williamson was excited and Charles Randall was angry and excited. Frances Williamson complained to him that Riggle was bothering her and following her and her companions around to which she objected and asked him to throw the defendant Riggle out. The witness answered he had no right to do so. Riggle left the bar about 7:30 p. m. and returned about 7:45 p. m., at which time Akerblade and Frances Williamson were still there. Riggle asked the witness why he was going to throw him out and the witness answered he would not do so if he did not cause any trouble. Riggle mumbled to himself for about five minutes and then left. The witness testified that at one time during the evening defendant Riggle mentioned something regarding marriage to Mrs. Williamson; that defendant was at the bar drinking a little and giving her hell, cussing her out and said that he asked her to marry him.
The witness Greenlee testified that he went to the Top Hat Bar about seven o'clock the same evening and saw Akerblade, Frances Williamson, Burk and the defendant Riggle there. Riggle started to talk to the witness and witness saw that defendant was mad at somebody. Defendant stated he did not know what he was going to do about the woman, meaning Frances Williamson. Witness noticed that defendant had some difficulty with the bartender, evidently concerning throwing defendant out, and defendant stated that the bartender would not get a chance to throw him out as defendant would kill him before he could get over the bar. Defendant was not drunk.
The witness John Burk testified he was at the Top Hat Bar about 7:30 p. m. on March 28, 1953. Ferguson, Akerblade, Frances Williamson, Randall and Bolte were there. Frances Williamson and Akerblade were at the bar. Riggle came in and laid his hand on Akerblade's shoulder and said, 'You son-of-a-bitch, I told you to stay away from her or I would kill you.' Witness Burk did not hear Akerblade answer anything. Riggle went out and came back in about five minutes and told Frances Williamson that if she did not quit fooling around with this guy, evidently meaning Akerblade, he would kill her. The witness further testified that the defendant was angry and he looked wild.
The witness Joseph Ferguson went to the Top Hat Bar about 6:45 p. m. on March 28, 1953. He sat down at the bar and stayed in that position for about an hour. Mrs. Williamson was in the bar when he came in and Akerblade came in about ten minutes later. Witness saw Riggle at the west end of the bar looking at Mrs. Williamson in a very angry manner. Riggle talked to Mrs. Williamson and apparently objected to the fact that she had been drinking with a Mexican and Mrs. Williamson replied that she did not care whether he was a Mexican; that a Mexican was just as good as defendant. Mrs. Williamson, as well as defendant, appeared to be angry but neither of them was intoxicated. The witness Ferguson, Mrs. Williamson, Akerblade and Randall left the bar about ten or fifteen minutes before eight o'clock and were standing on the sidewalk outside the Top Hat Bar. Riggle joined them and talked to Akerblade but witness could not hear all that was said. But Akerblade replied, 'Anytime.' Riggle said to Mrs. Williamson, 'As for you, Frances, I am through with you.' She answered, 'Yes, I am darn glad of it too.' They then talked about an incident prior to that time when defendant mentioned the fact that she wanted to go up to his room with him. Mrs. Williamson answered, 'I never wanted to go to your room and I am never going to your room.' Soon thereafter Frances Williamson, Akerblade, and the witness went over to the Angle Cafe to eat.
The witness Greenlee saw the defendant coming from the north, apparently from the Top Hat Bar, and going around the corner of the Pioneer Drug Company toward the alley to the west of that block, going very fast or running. Two witnesses, Wickam and Ramsey, saw the defendant come from the northeast across the street apparently from the Angle Cafe or in the neighborhood of that. It was approximately eight o'clock or a little after. That testimony was introduced evidently for the purpose of showing that defendant, after he saw Ferguson, Mrs. Williamson, Akerblade and others on the sidewalk in front of the bar, went to see whether or not Akerblade and Mrs. Williamson went to the cafe. Wickam followed the defendant when the latter went around the corner, went as far as the alley. But he did not see the defendant, who evidently had driven off by that time. It appears as already stated that the...
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...murder, implies an interval, however brief, between the formation of the intent or design and the commission of the act. State v. Riggle, 1956, 76 Wyo. 1, 298 P.2d 349, reh. den. 76 Wyo. at 63, 300 P.2d 567, cert.den. 352 U.S. 981, 77 S.Ct. 384, 1 L.Ed.2d 366; Loy v. State, 1919, 26 Wyo. 38......
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