People v. Feehan

Decided September 15, 1910

Supreme Court of Colorado · decided 1910-09-15

1. Statutes — Parol Evidence to Construe — Where a statute is plain and unequivocal, parol evidence as to the meaning of the -words thereof, leading only to absurdity, is not to he accepted. —(538) 2. Criminal Law — 'Derailing Train — Under the Act of April 8, 1895 (Laws 1895, c. Ill, 3 Mills’ Stat. § 1420, Rev. Stat. § 1884), the willful displacement of a switch in any manner, with intent to derail a train or any part of it, is a felony. — (538) 3. Writ of Error by the People — Judgment—Hpon writ of error brought by the People under the statute (Laws 1907, c. 162, Rev. Stat. § 1997), error being found, the judgment of acquittal is not reversed, but the ruling of the court below is merely declared erroneous. — (538)

Decided 1910-09-15

Mr. Justice Gabbert

¶1delivered the opinion of the court:

¶2The ruling and judgment of the trial court was clearly erroneous. The testimony as to what was meant by the expression, “throw out,” should not have been admitted. The statute speaks for itself. Its whole tenor and purpose is directed against train-wrecking, and as applied to the facts of this case, a willful and malicious displacement of a switch in any manner, with the intention of causing a train, ■or any part of it, to leave the track upon which it is running, is a violation of its provisions. The instruction should have been given.

¶3Ruling and Judgment of the District Court Held Erroneous.

¶4Mr. Justice Musser and Mr. Justice Hill concur.