Pack

Defendant was convicted by a jury of violating section 23101 of the Vehicle Code in that he drove an automobile while under the influence of intoxicating liquor, proximately causing bodily injury thereby. His motion for a new trial was denied. Probation was granted for a three-year period, one of the conditions being the payment of a fine of $250. Defendant has appealed from the judgment (order granting probation ) and from the order denying his motion for a new trial.

On the evening of August 1, 1960, Ronald L. Hudelson was involved in an automobile accident while driving in a westerly direction on Highway 118, a road connecting Simi and San Fernando Valleys by way of Santa Susana Pass. His cousin, Charlette Olinger, was in the car with Mm at the time. He remembers driving Ms Oldsmobile at a speed of approximately 30 to 35 miles per hour on the right side of the highway when all of a sudden a Lincoln came at him on the wrong side of the road and a collision ensued. The collision occurred at a point in Los Angeles County about 500 feet east of the Ventura-Los Angeles County line. It took place on the outside of a curve in the highway. Hudelson blacked out. He and his cousin were…