People v. De Winter

WOOD, P. J.—

Defendant was accused of violating section 20001 of the Vehicle Code, a felony (after vehicle accident— failing to stop, render aid, and give information). Trial by jury was waived. Upon stipulation the cause was submitted on the transcript of the preliminary examination, reserving the right to present additional evidence. Defendant was adjudged guilty and was sentenced to imprisonment in the county jail for 90 days. Probation was granted upon condition, among other things, that defendant pay a fine of $200

[174]

and surrender driver’s license. He appeals from the judgment and sentence.

Appellant contends that the evidence is insufficient to support the judgment; and that the judgment is against the law.

On June 30, 1961, about 9 :30 p. m., while Charles Walton was walking in the marked crosswalk at an intersection of streets in Los Angeles, he was hit by a truck which was driven by defendant. Mr. Walton was unconscious about 5 minutes, and after he regained' consciousness he lay upon the pavement about 15 minutes (additional) before the ambulance arrived. Defendant got out of his truck and stood fairly close to it, which was a distance of approximately 20 feet from Mr. Walton. No one went to Mr. Walton while he lay there and identified himself as the driver of the truck, nor showed him a driver’s license. Two or three persons went to him and asked how he felt and whether he was hurt. Mr. La Hive, who saw the truck hit Mr. Walton, testified that “to my [his] knowledge” the defendant did not at any time after the collision get closer than 20 feet to Mr. Walton; that the defendant was at the scene when the ambulance arrived.

Mr. Walton was taken in an ambulance to a hospital, where he remained six hours. He sustained bruises from his shoulder to his knees, and a cracked bone in his right leg.

Police officers arrived at the scene about 5 or 10 minutes after the ambulance left.

Officer Erickson testified that after he had been at the scene of the accident he went to the hospital to ascertain whether the driver of the truck was there; then he had the license number of the truck cheeked by the Motor Vehicle Department; he and another officer then went to the address of defendant and had a conversation with him; defendant said that he did not see the pedestrian until the moment of the impact, that after the impact he (defendant) pulled to the curb, parked at a place just west of the intersection, went to the place where the man was lying, and gave his name and address to the