Power v. People
Colorado Supreme Court
17 Colo. 178, 28 P. 1121 (1892)
- Written by Oni Harton, JD
Facts
A water dispute arose between Mark Power (defendant) and Baer over the operation of an irrigation ditch constructed by Baer that ran through Power’s ranch. Power’s sister demanded certain water rights in the irrigation ditch, but Baer refused to acknowledge any such rights. Baer claimed the right to occupy, use, and maintain the irrigation ditch. As a result of the dispute, Power fatally shot Baer. Baer was indicted for murder. The trial court addressed whether the homicide was justifiable or unlawful. The trial court instructed the jury that the fact that Baer may have unlawfully operated a ditch through Power or his sister’s ranch did not justify killing Baer. Accordingly, a jury convicted Power of murder, and the trial court entered a guilty verdict and judgment. Power appealed the trial court’s decision.
Rule of Law
Issue
Holding and Reasoning (Elliott, J.)
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