People v. Pfeffer

FOURT, J.

This is an appeal from a judgment of conviction of manslaughter (Pen. Code, § 192, subd. 3(a)).

In an information filed on March 28, 1963, in Los Angeles County the defendant was charged with “... unlawfully ... and without malice, while engaged in the driving of a vehicle

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(on March 2, 1963) in the commission of a lawful act not amounting to a felony, with gross negligence” killing Margaret Ruth Mur ello, the death “being the proximate result of the driving of said vehicle by the said defendant at the time ...” Defendant pleaded not guilty, a jury trial was waived and by stipulation the cause was submitted upon the testimony contained in the transcript of the preliminary hearing. The defendant was found guilty as charged. Proceedings were suspended, probation was granted for three years, some of the conditions being that defendant spend the first year in the county jail, pay any final judgment arising out of the matter, obey all laws and other pertinent conditions.

A resume of some of the facts is as follows: On March 2, 1963, at about 8:30 p.m. or later the defendant was at the Lafayette Hotel parking lot on Linden Avenue off Broadway in Long Beach. An employee of the parking lot heard a screeching of wheels and a crash and thinking there had been an accident he got into his car and went back to the alleyway. He saw a 1951 black Chevrolet which had gone through a chain which blocked off a driveway. There were marks on the Chevrolet. The attendant saw the defendant get out of the Chevrolet and walk towards the alleyway. The attendant asked the defendant if he had brought the car there and defendant replied, “What car? No, I didn’t bring no car in here.” The attendant stated that the car had not been there earlier and inquired of defendant if he had a parking ticket. The defendant replied, “A ticket? Oh, yes, I got a ticket,” and he thereupon went to the car and brought therefrom a jar of money and returned to where the attendant was standing. The defendant had a strange look upon his face and acted strangely and seemed quite disturbed. The attendant smelled alcohol about the defendant and noticed that he had been drinking. His eyes seemed to be “popping out” as if he was frightened. Defendant told the attendant “we can settle this.” The attendant indicated that his property had been torn down and he would have to call the police. The defendant answered, “Police? No, you won’t have to call the police. We can just settle this between you and I” whereupon defendant took some money from the jar. The attendant indicated that he did not operate the lot in such a fashion and that he would call the police whereupon defendant answered, “Police? No, no police” and jumped into the ear and drove into a fence, backed up and drove into the fence again and then turned the car around and backed into the street. The