Spragney

A three-count information charged defendant with vehicular manslaughter (count I—Pen. Code, § 192, subd. 3), driving under the influence of a dangerous drug (count II—Veh. Code, § 23108) and possession of a restricted dangerous drug (count III—Health & Saf. Code, § 11910). Four prior felony convictions were alleged. Three of these were eventually admitted by defendant. No proof as to the fourth prior was offered. Doctors Thompson, Fiske and DiNolfo were appointed by the court to examine defendant. Defendant’s motion to sever counts II and III from count I was denied.

Trial was by jury. Defendant was found not guilty on counts II and III. He was found guilty on count I, the jury determining that the offense was committed with gross negligence and leaving the matter of punishment up to the court. A motion for new trial and probation were denied. Defendant was sentenced to one year in the county jail. Defendant appeals.

Facts

The facts concerning the accident, which resulted in the death of a 10-year-old girl, are tragic but brief. At about 8:45 a.m. on July 7, 1970, defendant speeded through a red light at the corner of Santa Barbara and Broadway in Los Angeles. He…