People v. Jordan

FOX, P. J.

Defendant was convicted of violating section

20001 of the Vehicle Code, commonly referred to as “hit and run.” He has appealed from the judgment (order granting probation).

On June 14, 1962, a few minutes before 11 p.m., Albert P. Witte and his wife, Jemina, were driving in the vicinity of 58th Street and Gifford Avenue in the City of Maywood. As Mr. Witte was crossing this intersection his wife called out that they were about to be struck by another car. The vehicles collided and he was thrown out of his ear, receiving a badly lacerated leg and head injuries, because of which he was taken to the hospital.

Mrs. Witte was also thrown from the vehicle, receiving cuts on her head, knees and elbows and an injury to her back. She was hospitalized, too.

Neither of them saw defendant at the scene of the accident and no one came up to either of them and identified himself as the driver of the other car.

Officer Kislingbury of the Maywood Police Department arrived at the scene of the accident only minutes after the collision. He observed defendant’s car but did not find its driver and no one came to him and identified himself as the driver of the ear. He was at the scene approximately one-half hour but never saw defendant there. Two other officers were there specifically looking for witnesses at the scene but did not see defendant.

The next day defendant went to the police department and turned himself in. Officer Guild talked to him. Defendant freely and voluntarily admitted to this officer that he did not identify himself to anyone at the scene, but left and went to the home of some relatives.

Defendant did not testify nor offer any evidence in his own behalf.

In contending that the evidence is insufficient to support the conviction, defendant argues: (1) that he substantially complied with the requirements of the statute, and (2) that the statute is inapplicable because he did not cause the injury. There is no merit in either of these arguments.

The legislative purpose in enacting 20001 was to prevent the driver of the offending car from leaving the scene of the accident without furnishing the information as to his identity and without rendering necessary aid to the injured

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