People v. Pugh

BARNARD, P. J. The defendant was charged with a violation of section 501 of the Vehicle Code in that he unlawfully drove an automobile upon a public highway while under the [599]influence of liquor, and while so driving unlawfully drove said automobile to the left of the center line of the highway, which act proximately caused bodily injury to one Bernice M. Russell. He was found guilty by a jury and was sentenced to serve 10 months in the county jail. This appeal is from the judgment and from an order denying his motion for a new trial.

This case arose out of a collision on the night of December 27, 1945, between an automobile driven by the defendant and another driven by Mrs. Russell. The collision occurred about 14 miles south of Victorville on the road to San Bernardino, being a part of Highway 66. The defendant was traveling north toward Victorville and Mrs. Russell was traveling south toward San Bernardino. The evidence was sufficient in all respects to sustain the conviction and no contention to the contrary is made. The only point raised on this appeal is that the court erred in refusing to permit the defendant to answer a question as to why he turned his car to the left immediately prior to the collision.

Mrs. Russell testified that as she was proceeding south in her lane of traffic she saw the other ear coming north in her lane; that she first turned her wheel toward the white line “to get in his lane of traffic”; that she then turned back to the right, thinking to take to the shoulder; that the lights were very bright and she could not see what was there so she again turned to her left; and that the collision occurred before she got to the white line.

A woman who was riding in the defendant’s car testified that “it was all very quick”; that the defendant changed into the left-hand lane immediately before the collision; and that she thought the other ear was about 100 feet away when the defendant turned his car to the left.

The defendant testified that when the Russell car was about 200 feet away from him he noticed that it was straddling the white line; that he was then traveling in his right-hand lane; that the Russell car turned left, then right and then left again; that the last left turn “was very close to me”; that the Russell car came over on his side of the road; that when the Russell car made its second turn to its left “that brought the car in my lane” and the ears were very close together; that he did nothing until the Russell car made the second left turn; that the cars were then close together “within probably 50 feet or 60 feet”; that the Russell car was going about 50 miles