Salazar

The defendant was convicted of negligent homicide, under section 500 of the Vehicle Code, as a result of an automobile collision which occurred about 11 o’clock P. M. on July 9, 1937, on U. S. Highway 99, between El Centro and Heber. This highway runs east and west, was paved to a width of twenty feet and had a white stripe along the center of the pavement. A collision occurred between a Ford coupe driven in an easterly direction by .the defendant and a Chevrolet sedan driven in a westerly direction by one Charles Gillett, as a result of which Gillett died. The case was tried before a jury and the defendant has appealed from the judgment and from an order denying a new trial upon the sole ground that the evidence is insufficient to support the verdict and judgment.

Two officers who arrived at the scene shortly after the accident testified that they found the deceased’s car on the north side of the highway facing south, and the defendant’s car on the south side of the highway, some ten or fifteen feet easterly from the other car, and headed in a northwesterly direction. They also testified that they found oil, tire and other marks on the north half of the pavement; that the…