Carrington

Petitioner was charged with vehicular manslaughter and felony drunk driving.

About 9:55 p.m. on May 13, 1972, California Highway Patrol Officer Davis arrived at the scene of an accident. The defendant had driven into the rear of a school bus which contained 44 passengers. Eight were injured and one later died as a result of her injuries. The defendant was sitting in a pickup which was in contact with the rear of the bus. He was unconscious. He smelled of alcohol and a partially empty, cold can of beer was on the floorboard immediately in front of the seat. He was pinned in the cab and was in very serious physical condition. Officer Davis held the defendant’s head until the fire department arrived so that his air passage was clear and he could breathe. It took about 25 minutes for the fire department to cut him out of the cab. He was then sent immediately to the nearest hospital; Officer Davis felt time was of the essence because of defendant’s serious physical condition. The only hospital with jail facilities was 7 miles farther than the hospital to which he was taken.

Officer Davis arrived at the hospital about an hour and a half after he had first been called to the…