Cathey

By information, defendant was charged in Count One thereof with a violation of section 192 of the Penal Code (negligent homicide), resulting in the death of one Nancy Lee Hurst; and in Count Two thereof with a like vio lation resulting in the death of one Ben Anzini. Pursuant to the verdict of the jury, defendant was found guilty on both counts. He now appeals from the judgment of conviction as well as from the denial of his motion for a new trial.

The record, when viewed as we must in the light most favorable to the prosecution, shows that immediately prior to the fatal accident, defendant, in his pickup truck, was driving south on Highway 101 between Myers Plat and Miranda in Humboldt County. Admittedly, from approximately noon until shortly before the accident, defendant had consumed several beers at bars and at the home of friends. With him were two companions, Peter Dean Mosby and Robert Myers. South of Myers Plat the highway descends and curves to the right. At the south end of the curve is a bridge. As defendant’s vehicle entered this area its speed was estimated variously from 45 to 80 miles per hour. In attempting to negotiate the curve, defendant drove over the center…