Wiley v. People

• Court: Colorado Supreme Court
• Writing for the Court: WHITE, J.
• Citation: Wiley v. People, 51 Colo. 574, 119 P. 620 (Colo. 1911)
• Decision Date: 04 December 1911
• Parties: WILEY v. PEOPLE.

119 P. 620

51 Colo. 574

WILEY v. PEOPLE.

Supreme Court of Colorado

December 4, 1911

Error to District Court, Weld County; Hubert L. Shattuck, Judge.

E Wiley was convicted of second-degree murder, and brings error. Reversed.

William H. Trindle, for plaintiff in error.

Benjamin Griffith, Atty. Gen., Charles O'Connor, First Asst. Atty Gen. (George A. Carlson, Dist. Atty., of counsel), for the People.

WHITE J.

E Wiley was charged with the murder of Swan Hager. Upon trial he was convicted of murder in the second degree, and sentenced to the penitentiary for a term of not less than 10 or more than 11 years.

The defendant and Hager, in company with several other men, were at the Shamrock coal mine in Weld county, where they had congregated with their wagons and teams for the purpose of purchasing coal and hauling the same to their respective homes. Wiley and deceased were not acquainted, though they had seen each other a few times, and there was no unfriendly feeling between them. There was some evidence tending to show that deceased during the afternoon became somewhat intoxicated. At the mine was a barn which had been provided by the management of the coal company for the purpose of accommodating those who were detained overnight. Under the rules governing the use of the barn, those desiring stalls therein could reserve the same, as against other claimants by tying their halters in the stalls, or placing feed in the feed boxes. Wiley, in accordance with such rules appropriated stalls for his own team and that of two teams driven to the mines by his sons earlier in the day. About 5 o'clock deceased, and other members of his party, drove to the barn and unhitched their horses, and deceased inquired of Wiley if there were any vacant stalls, and was informed that all stalls on that particular side of the barn had been appropriated, as evidenced by the halters and feed. Wiley's wagon was standing about 10 feet east and a little south of the southeast corner of the barn, with the tongue pointing to the southwest. There was a door on the south side, and also another on the north side of the barn. Just before the conversation detailed above, Wiley had been engaged in gathering up hay or straw, with a short handled, three-tined pitchfork, at a point about 20 feet east, and a little south of the northeast corner of the barn, and carrying it into the stalls for bedding purposes. Immediately after the conversation, Wiley resumed this work, and, observing Hager in the act of tying his team to the rear of Wiley's wagon, requested him not to do so, as the team would destroy his grain. Hager thereupon used some profanity, and several times wanted to know of Wiley if he was afraid the team would eat the wood on the wagon. To this Wiley made no answer, but continued at his work raking up hay or straw. Hager untied his team, and, holding the halters thereof in his left hand, said to Wiley, 'To hell with you and your halters,' and shortly afterwards started walking rather rapidly toward Wiley, leading his team with his left hand, as claimed by Wiley and his witnesses, and extending or holding his right hand in a threatening attitude as if to strike. Wiley told Hager to stop, that he wanted no trouble with him, and repeated the request two or three times, to which deceased paid no attention. Deceased advanced on Wiley, the latter retreating two or three steps, until, as he testified, he was almost against a wire fence, when, as he and his witnesses claim, deceased was about to strike or jump upon him, he reversed the pitchfork, and struck Hager with the handle, the blow falling on the left side of the head, inflicting a scalp wound two inches in length. Wiley made no attempt to strike a second blow, but, as he claims, waited to see whether Hager would press the attack further. The latter was felled by...