People v. Gallegos
People v. Gallegos
Opinion of the Court
delivered the opinion of the Court.
Defendant-appellant, Rachel Bernice Gallegos, was convicted of second-degree murder and brings appeal to this court.
Defendant Gallegos asserts two grounds for reversal: (a) insufficiency of the evidence to support either the giving of a second-degree instruction or the second-degree murder verdict, and (b) error in the admission into evidence of defendant’s statement. We find neither argument persuasive and affirm the trial court’s judgment.
It is axiomatic that malice may be inferred where homicide is committed by use of a deadly weapon or instrument in such a manner as would naturally and probably cause death. Moya v. People, 174 Colo. 435, 484 P.2d 788; Gonzales v. People, 168 Colo. 545, 452 P.2d 46; Armijo v. People, 134 Colo. 344, 304 P.2d 633. Defendant Gallegos, with little corroboration for any one of her conflicting statements, utilized a deadly weapon with considerable force — breaking off the blade in decedent’s chest. This evidence, in addition to other permissible inferences, justifies the jury’s finding the requisite element of malice. We agree with the defendant’s argument that the mere use of a deadly weapon without more does not necessarily infer malice. It is obvious, however, that the jury inferred more than mere usage in this particular instance. It is fundamental that the question of malice is one of fact for the determination of the jury from the evidence under appropriate instructions. Bertalotto v. People, 176 Colo. 557, 488 P.2d 1100. The force of the blow plus defendant’s statements which could put into question her credibility as to how or where she obtained the knife were sufficient bases upon which the trier of fact could and did determine the requisite malice.
On the question of the admissibility of defendant’s
Judgment is affirmed.
Reference
- Full Case Name
- The People of the State of Colorado v. Rachel Bernice Gallegos a/k/a Bernice Gallegos
- Status
- Published