People v. Fimbres

SHAW, J.

Defendant was prosecuted in the Recorder’s Court of Lynwood on a complaint charging that he was operating an automobile on a public highway and “did then and there run into and damage on the public highway certain personal property, to-wit, a dog, and did fail and refuse and neglect to stop said motor vehicle to render aid contrary to Sec. 141-B of the C. V. A.” The evidence showed that defendant ran over two dogs, which died of their injuries, that he did not stop but drove on a distance of seven blocks and was then stopped by the owner of one of the dogs, to whom he gave his name and address. At the close of the case for the prosecution defendant moved to dismiss upon the ground that the complaint did not state nor the evidence show facts constituting any public offense.This motion was denied and on appeal he assigns the ruling as error.

[780]

There is no section 141-B of the California Vehicle Act, but section 141 thereof contains a subdivision (b), which is doubtless intended by the reference in the complaint. It provides that “the driver of any vehicle involved in an accident resulting in damage to property shall immediately stop such vehicle at the scene of such accident and shall fulfill the requirements of subdivision (c), and any person failing to stop or to comply with said requirements under such circumstances shall be guilty of a misdemeanor.” Subdivision (c) here mentioned reads as follows:

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The driver of any vehicle involved in any accident resulting in injury or death to any person or damage to property shall also give his name, address and the registration number of his vehicle and exhibit his operator’s or chauffeur’s license to the person struck or the driver or occupants of any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or such carrying is requested by the injured person.”

. A dog is regarded in this state as property

(Roos

v.