People v. Frantz

STEPHENS, P. J. The appellant was convicted of two counts of manslaughter and one count violating section 141, California Vehicle Act (Stats. 1923, as amended Stats. 1929, pp. 508, 544, chap. 254) in that he did not stop immediately; did not exhibit operator’s license; did not give his name and address and motor registration number; and did not attempt to render reasonable assistance after the automobile he was operating had collided with and had fatally [500]wounded two pedestrians. A motion for a new trial was made and denied as to each verdict of guilt and judgment was pronounced upon each such verdict. Appellant appeals from the orders and the judgments. Appellant concedes that the evidence is sufficient to support the judgments but contends that it is conflicting and that errors in instructing the jury may well have influenced the jury’s conclusions.

A review of the evidence establishes, with scarcely any conflict, that appellant was accompanied by a young lady as he drove a borrowed light truck on a four-way lighted city street and that just about the instant the truck entered the intersection of a cross-street it struck a man and woman, killing them almost instantly. The truck was on its right side of the street, was being driven, according to evidence, from five to fifteen miles per hour faster than the law permitted at that place and was mechanically in poor repair as to the brakes and clutch. There is strong evidence that but one headlight was burning. Appellant testified that he saw but one person and that he was practically upon that person when he first saw him. That he swerved the truck, but felt the impact and saw him fall. He further testified that he slackened his pace, drove to the first place he could park at the curb about a block from the scene of the accident and went back. A crowd had already gathered. He saw the two victims, knew that an ambulance had been called and at the earnest solicitation of his companion, took her to a street-car which she boarded for home. He then drove the truck to the owner’s place of business, told him he had had an accident, but not that it had caused death, and went away. He was arrested about two hours afterward.

There is testimony from a number of persons who were at the scene of the accident within a few minutes after its happening that no person appeared asserting that he was the driver of the truck and that those present were looking for the driver. There is, however, convincing corroborating testimony that the truck was parked for a time where appellant said it was parked soon after the accident.