People v. Rico

DESMOND, J., pro tem. Appellant was found guilty by a jury of violating section 480, Vehicle Code, and sentenced to twelve months imprisonment in jail. He appeals from the judgment and from an order of the trial court denying him a new trial; also from order denying motion in arrest of judgment.

In the early morning of January 8, 1936, appellant was driving his Ford easterly over the East Sixth Street bridge that spans the Los Angeles River in the city of Los Angeles. When approximately halfway across the bridge, at about 1:15 A. M., he had a head-on collision with a Chevrolet car driven by Gilbert Verdugo, accompanied by Ruby [667]Dowling. The Chevrolet stopped at the point of collision, the Ford proceeding easterly and stopping 150 feet away. Appellant was accompanied by his brother-in-law, Charles Larez. Mr. Verdugo was killed in this accident and died at the scene thereof. Mrs. Dowling was injured and rendered unconscious, recovering her senses a short time later, as she was placed in a police ear. There was no evidence that appellant or Larez approached the Chevrolet or made any inquiry concerning the welfare of the occupants of that ear; on the contrary; Larez testified that as soon as the Ford stopped he jumped out and saw appellant slumped under the wheel, bleeding profusely and apparently unconscious; that after a minute or two he hailed an automobile that was passing, and went to a restaurant at the easterly end of the bridge, where he asked a waitress to telephone for an ambulance, then went to a house in the immediate neighborhood, aroused another brother-in-law, one Loya, and accompanied by other relatives, including appellant’s wife, returned to the scene of the accident in Loya’s car; that finding appellant still apparently unconscious and in the same position, namely, “right under the steering wheel’’, he and Loya carried him from the Ford to Loya’s car, and before the radio officers or ambulance arrived, started with him for Georgia Street receiving hospital for treatment. Appellant testified that he remembered nothing after the collision until he heard his wife questioning him before reaching the hospital. Other relatives of appellant gave testimony tending to corroborate that of Larez and appellant. James Vickery, a witness produced by the People, testified that as he was driving east on the bridge he heard the impact of the collision, immediately stopped and backed up about 50 feet to a point across from the Ford, where he stopped again, meantime watching that automobile and failing to see anyone get out of it. After looking at the Ford and seeing no one in it, he -went to the Chevrolet and found Mrs. Dowling and Verdugo in the wreckage. Not less than ten minutes later he came back to the Ford and found it unoccupied. Norman Gilmore testified that he arrived at the scene of the accident before the officers from the radio car and before the ambulance; that he saw three cars there and the witness Vickery. Archie Allum, a radio car officer, stated that he with his partner arrived at the scene of the accident within three minutes after he re