People v. Kelly

CURTIS, J.

The defendant was charged with the crime of murder and, in a second count of the indictment, with the violation of section 112 of the Motor Vehicle Act (Stats. 1923, p. 517), in driving his automobile upon the public highway while under the influence of liquor. He was found guilty of manslaughter and also of violating the Motor

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Vehicle Act,as charged in the second count of the indictment.

The only point raised by the appellant against the judgment rendered under the second count of the indictment is that there was no evidence tending to show that West Sixteenth Street at its intersection with South Ardmore Street in the city of Los Angeles was a public highway. The evidence shows that Sixteenth Street at its intersection with Ardmore Street is used by the public as one of the regular avenues of travel in that vicinity of the city; that it is curbed and lighted with street lights; that it has cSment sidewalks; that it has fronting upon it dwelling-houses, a garage, and other buildings. These two streets, at their intersection with each other, are referred to by witnesses as well-known and well-defined highways. We think this evidence is sufficient to justify the implied finding of the jury that Sixteenth Street at its intersection with Ardmore Street is a public highway.

As to the verdict against the defendant finding him guilty of manslaughter, appellant contends that the evidence is insufficient to support such a verdict. In support of this contention appellant claims that there was no proof introduced by the prosecution, aside from his own extrajudicial admissions, as to the rate of speed appellant Avas traveling at the time of and just prior to the collision. Conceding for the present that the only evidence as to the speed appellant was traveling was that furnished by his own extrajudicial admissions, yet there was evidence tending to prove that appellant, at and just prior to the collision, Avas driving his car while under the influence of liquor, and that while so driving his ear, he collided Avitli Mrs. Sarah Joy and from such collision she sustained injuries which caused her death. This evidence was sufficient to support the verdict of manslaughter independent of any evidence as to the speed at which appellant was driving his car at the time he struck the deceased. Referring again, however, to appellant’s contention that there was no evidence produced by the prosecution as to the speed at which appellant was driving at the time of the collision, aside from his extrajudicial admissions, and that therefore the