People v. De Winter

Defendant was accused of violating section 20001 of the Vehicle Code, a felony (after vehicle accident— failing to stop, render aid, and give information). Trial by jury was waived. Upon stipulation the cause was submitted on the transcript of the preliminary examination, reserving the right to present additional evidence. Defendant was adjudged guilty and was sentenced to imprisonment in the county jail for 90 days. Probation was granted upon condition, among other things, that defendant pay a fine of $200 and surrender driver’s license. He appeals from the judgment and sentence.

Appellant contends that the evidence is insufficient to support the judgment; and that the judgment is against the law.

On June 30, 1961, about 9 :30 p. m., while Charles Walton was walking in the marked crosswalk at an intersection of streets in Los Angeles, he was hit by a truck which was driven by defendant. Mr. Walton was unconscious about 5 minutes, and after he regained' consciousness he lay upon the pavement about 15 minutes (additional) before the ambulance arrived. Defendant got out of his truck and stood fairly close to it, which was a distance of approximately 20 feet from Mr. Walton. No one…