Tracy

The People of the State of California appeal from an order granting a motion to set aside an information. The crime with which the defendant was charged was violation of subdivision 3(b) of section 192 of the Penal Code, involuntary manslaughter, by the driving of a vehicle in the commission of an unlawful act not amounting to a felony, which proximately resulted in the death of a human being. It is the contention of the People that on October 25, 1960, the defendant Tracy was driving a truck at the intersection of East Avenue and Highland Avenue in the Napa Judicial District, County of Napa, at a speed in excess of 25 miles per hour; that the speed limit at the intersection was 25 miles per hour; and that there was a collision between the truck and a bicycle, on which a boy six years old was riding, and that the violation of law was a proximate cause of the death of the boy. A preliminary hearing was held before Honorable William I. Loearnini, Judge of the Justice Court for the Napa Judicial District, and the defendant was held to answer. The motion to set aside the information was made pursuant to the provisions of section 995 of the Penal Code, upon the ground that the…