People v. Mosley

FOURT, J.

This is an appeal from a judgment of conviction of a violation of section 20001 of the Vehicle Code and from an order denying a motion for a new trial.

In an information filed in Los Angeles County on December 12, 1960, it is charged that defendant did on October 15, 1960, drive a vehicle which was involved at said time in an accident resulting in injury to Jerry Boyd Smith and that defendant failed to stop the vehicle immediately and failed to give to Smith or to any traffic or police officer at the scene his name and address and the registration number of the vehicle, the name of the owner of the vehicle and to exhibit his operator’s license and failed to render reasonable assistance to Smith. The defendant pleaded not guilty and a jury trial was waived. The cause was submitted upon the transcript of the testimony taken at the preliminary hearing and other evidence and testimony presented at the time of trial. The defendant was found guilty as charged. Probation was denied and defendant was sentenced to jail for 180 days. This appeal thereupon was taken. It appears from the notice of appeal that an appeal is purportedly taken from an order denying a motion for a new trial. The record discloses that no motion for a new trial was made and no mention of the motion or the order with reference thereto is made in the appellant’s brief.

A résumé of some of the facts is as follows: At about midnight on October 14, 1960, or early in the morning of October 15, Smith was crossing Avalon Boulevard from east to west in the north crosswalk of the intersection of Avalon and 109th Street. Defendant was driving an automobile in a southerly direction on Avalon. The intersection was lighted. There were no stop signals at the intersection. Smith was struck on Ms right side by the right front of the defendant’s automobile. The force of the impact spun Smith and sent him 30 feet to the southwesterly corner of the intersection. Smith did not see the ear before or after it hit him. Smith was conscious ; however his leg was broken, he had a bad cut on his hip and his left knee was injured. Some people gathered around Smith shortly after the accident but no one attempted

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to do anything other than to keep him quiet. A lady saw the defendant’s ear strike Smith. The ear went to 110th Street before coming to a stop. The car was then backed up to a point about one half a block away from the scene of the accident.