People v. Donnelly

GRIFFIN, Acting P. J.

Defendant was charged with manslaughter in violation of section 192, Penal Code, in that he did wilfully, unlawfully and without malice, while engaged in the driving of a vehicle in the commission of an unlawful act not amounting to a felony, with gross negligence, produce the death of one Thomas Wood.

In a second count he was similarly charged in producing the death of one Ralph Wood.

The defendant pleaded not guilty on each count, waived trial by jury, and by stipulation by respective counsel the ease was submitted on the testimony there addueéd and the testimony taken at the preliminary examination. By stipulation the transcript was read into evidence. Pictures and charts used in the preliminary examination were, by stipulation, received in evidence and it was further stipulated that both victims came to their death as a result of the accident between their truck and the car driven by defendant Donnelly. Two witnesses were sworn and examined at the trial and from the record on appeal the facts show that on April 6, 1949, about 2 p. m., one DeWitt was operating his Ford car in an easterly direction on a four-lane highway (No. 99) divided by double white lines, between Beaumont and Banning. He was in the inner left lane and was signaling for a left-hand turn, and was traveling about 25 miles per hour. The Donnelly ear (Cadillac) was approaching in the same direction and in the same lane, about 150 to 200 feet behind him. DeWitt gave a left turn signal, slowed down and then gave a signal to stop to make a left turn into a garage. About that time a truck came by him on his right, in the right-hand lane.

[597]

Donnelly, according to DeWitt, was traveling approximately 55 to 60 miles per hour and crossed over the double center line, passed and went around the DeWitt car on its left and returned into the west-bound traffic lane. DeWitt heard screeching brakes. Defendant’s car, as it passed DeWitt, made a wide swerve, came back into the right-hand or eastbound portion of the highway and skidded in front of and collided with the truck in which the deceased men were riding and which had just passed the DeWitt car. The truck was in the right-hand east-bound lane and seemed to

“go

in the air and turned three and a half turns and landed upside down. ’ ’ Donnelly’s car skidded a distance of 192 feet. The first 50 feet of the marks were from the left wheel and the balance of the distance was from the four wheels. As a result of the collision, the occupants of the truck were killed.