People v. Beckhard

SHENK, Acting C. J.

In this case, as in the case of

People

v.

Pociask,

Crim. No. 4241, this day decided

(ante,

p. 679 [96 Pac. (2d) 788]), the question for determination was the propriety of the instructions given by the court defining the word “negligent” as used in section 500 of the Vehicle Code making the crime of negligent homicide a felony. A hearing was granted in this ease after decision by the District Court of Appeal, Second District, Division Two, for the reason that the question involved herein was also presented in

People

v.

Pociask, supra,

a case then pending and undetermined in this court. Our decision in the Pociask case follows the reasoning and conclusions of the District Court of Appeal in the present case and is determinative of the contentions of the parties herein. The following portion of the opinion of the District Court of Appeal in this case, prepared by Mr. Acting Presiding Justice Wood, is adopted as our opinion herein:

“Defendant was charged in count I of the information with the crime of negligent homicide, in violation of section 500 of the Vehicle Code, in that he caused the death of Frank Coleman Joyce, while negligently driving an automobile. In count II the same charge was made except that defendant was accused of causing the death of Patricia Marian Kelly. Verdicts of guilty were returned on both counts and defendant appeals from the order denying his motion for a new trial.

“It was established at the trial that on August 27, 1938, defendant was driving an automobile on Sunset Boulevard in Los Angeles and struck the two decedents when they were walking across the boulevard in the pedestrian’s marked

[692]

crosswalk. Two or three cars were ahead of the car driven by defendant and the two pedestrians stopped to let them pass and as they proceeded defendant’s ear struck them. Since no claim is made that the evidence is insufficient to support the verdict finding defendant guilty of the offense set forth in section 500 of the Vehicle Code it will be unnecessary to set forth the circumstances in detail.