People v. Foreman

JEFFERSON, J.

In an information filed by the District Attorney of Los Angeles County defendant was charged with hit and run in violation of section 20001 of the Vehicle Code. Defendant pleaded not guilty. Trial by jury was duly waived by defendant personally and by all counsel. The trial court found defendant guilty as charged. Probation was denied and defendant was sentenced to the county jail for a period of one year. This is an appeal from the judgment and order denying motion for new trial.

Jesse Harris, a witness, testified that on July 22, 1961, at approximately 9 o ’clock in the evening he saw Anthony Childs, the victim herein, standing beside an automobile in the street in front of his house. He observed a 1953 Chevrolet driving in a westerly direction hit Mr. Childs. The witness saw Mr. Childs lying in the gutter about 40 to 50 feet west of his car in an unconscious state with blood coming from his arm, leg, and head. There were approximately 12 people around the scene of the accident. The 1953 Chevrolet in which defendant was driving stopped in the middle of the street and then pulled

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to the curb. The witness testified further that defendant got out of the Chevrolet and came back to the victim. Defendant remained at the scene of the accident for about five or ten minutes. The witness heard defendant attempt to speak to the victim who was unconscious. Defendant also said something about moving the victim, but someone else in the crowd told him not to move him. The witness observed defendant get into his car and drive away. Defendant did not give his name or address, license number or registration to anyone at the scene of the accident.

Leola Clinton, another witness, testified she heard a crash; went to the scene of the accident; and saw the victim lying unconscious in the gutter. She saw defendant attempt to turn the victim over. Defendant remained at the scene of the accident for about 10 or 15 minutes. She further testified that she called an ambulance and then came back to the scene of the accident. She saw defendant pull away from the curb, and he almost ran her down. He drove away at high speed in a westerly direction. It was further testified that as a result of the accident the victim had a compound fracture of both legs, a broken left arm, two broken cheek bones, five teeth knocked out, and a head injury.