McLachlan

People v. McLachlan

Good Law
1939 Cal. App. LEXIS 64·3 Cal. Sup. 141·36 Cal. App. Supp. 2d 754·93 P.2d 280
Court of Appeal of CaliforniaAugust 14, 1939Crim. A. 1599California1,823 words

Opinion

Opinion

Shaw, J.

The defendant was charged with violating subdivision (a) of section 560 of the Vehicle Code and now appeals from a judgment of conviction entered against him. The code provision just mentioned reads as follows: “The driver of a vehicle shall yield the right of way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.” The terms “roadway” and “crosswalk” are defined in the Vehicle Code, but no questions arise here as to their meaning, and those definitions need not be copied.

There is very little conflict in the evidence, but resolving such conflicts as there are in favor of the judgment, the following facts appear: The events on which the charge is based occurred at the intersection of Figueroa Street and Bishop Road. Figueroa Street here runs in a northerly and southerly direction and is divided by a white center stripe; each half is further divided into two lanes by another line, the lane nearest the center line being 10 feet wide and the other lane next to the curb, being 27% feet wide. Bishop Road runs in a northwesterly and southeasterly direction, intersecting…

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