Trujillo v. People, 17746

Decision Date30 January 1956
Docket NumberNo. 17746,17746
Citation133 Colo. 186,292 P.2d 980
PartiesArthur Lujan TRUJILLO, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.
CourtColorado Supreme Court

Earl J. Hower, Harold H. Harrison, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., for defendant in error.

MOORE, Justice.

An information was filed in the district court of Weld county in which it was charged that plaintiff in error, to whom we will hereinafter refer as defendant, on the 6th day of July, 1954, did '* * * wilfully and unlawfully kill and slay one Marlene Meyer * * *.' Defendant entered a plea of not guilty, and upon trial a verdict of guilty was returned by the jury. Motion for a new trial was overruled, judgment entered and defendant sentenced to serve a period of ten months in the county jail. Seeking a reversal of the judgment defendant brings the cause here for review by writ of error.

At the close of the people's case counsel for defendant moved for a directed verdict of not guilty on the ground that the state had failed to prove the necessary elements of a charge of involuntary manslaughter, in that there was no evidence that the death of Marlene Meyer was the result of any unlawful act committed by defendant, or that it was caused in the commission by him of a lawful act in an unlawful manner, and that there was no evidence whatever of any criminal negligence on his part.

Numerous objections were made to the instructions given by the court, and exceptions were taken to the refusal of the court to give instructions numbered 1, 2, 3, 4, 5, 7, 8, 10 and 11 tendered by counsel for defendant. The assignments of error were based upon the denial of a motion for a directed verdict, objections to instructions, and the refusal of the trial court to give the tendered instructions. The conclusion we reach upon consideration of the questions raised by the motion for directed verdict, make it unnecessary to discuss the other assignments of error.

Question to be Determined.

Was there sufficient evidence introduced upon the trial to justify submission to the jury of the issues raised by the charge contained in the information and the defendant's plea of not guilty?

The question is answered in the negative. Defendant was a bus driver employed by a transportation company in Greeley, Colorado, and, as such regularly travelled a specific route in that city. Shortly after 9:00 o'clock on the morning of July 6, 1954, he was making a right-hand turn as he travelled east on 7th street to continue his route south on 8th avenue. This intersection is in the business part of the city of Greeley and traffic is controlled by signal lights. The deceased, Marlene Meyer, was a child approximately ten years of age. She and her cousin Kay were walking along 7th street nearing the southwest corner of the intersection. Kay stopped to look in the window of a store on the corner, but Marlene apparently proceeded into the street attempting to cross 8th avenue. The bus driven by defendant was at the same time making the right-hand turn and the child came in contact with the right front...

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4 cases
  • Daniels v. People
    • United States
    • Supreme Court of Colorado
    • February 7, 1966
    ...mere negligence. See Bennett v. People, 155 Colo. 101, 392 P.2d 657; Bates v. People, 155 Colo. 87, 392 P.2d 596; and Trujillo v. People, 133 Colo. 186, 292 P.2d 980. On the other hand, wilful and wanton misconduct, sometimes referred to as gross or criminal negligence, is not a necessary a......
  • Bennett v. People
    • United States
    • Supreme Court of Colorado
    • June 8, 1964
    ...is perhaps helpful to consider the amount of evidence necessary to sustain a conviction of involuntary manslaughter. In Trujillo v. People, 133 Colo. 186, 292 P.2d 980, where this Court reversed a conviction of a bus driver on a charge of involuntary manslaughter, it was 'It is clear that b......
  • Goodell v. People, 18355
    • United States
    • Supreme Court of Colorado
    • June 30, 1958
    ...of the elements necessary to establish criminal negligence as required in a prosecution under the statute involved. In Trujillo v. People, 133 Colo. 186, 292 P.2d 980, 982, this court had occasion to comment upon the degree of negligence required in a manslaughter case, a misdemeanor under ......
  • Bates v. People
    • United States
    • Supreme Court of Colorado
    • June 1, 1964
    ...there is evidence to support the jury's determination that Bates was guilty of criminal neglect, as such is defined in Trujillo v. People, 133 Colo. 186, 292 P.2d 980. As a variation of the basic contention that the evidence is insufficient, Bates suggests that his acts did not cause the de......

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