Whitsett

Defendant was charged with violating Vehicle Code, section 480, in that on May 18, 1957, he drove an automobile which was involved in an accident resulting in injury to Mack J. Rhodes, all of which defendant well knew; and that the defendant wilfully and feloniously failed, neglected and refused to give to said Mack J. Rhodes his name, address, vehicle registration number, and the name of the owner of the vehicle, to exhibit his operator’s license, and to render all reasonable assistance to said Mack J. Rhodes, who was then in need of assistance by reason of said accident.

A jury having been duly waived, the court found the defendant guilty as charged, and granted him probation. Defendant has appealed from the order of October 31, 1957, by which probation was granted.

Since defendant’s principal argument for reversal is that the evidence is insufficient to support the judgment of conviction, it is necessary to state the facts in some detail.

At approximately 9:30 on the evening of May 18, 1957, Rhodes, who lived at 1726 West 37th Place, in the city of Los Angeles, started to walk across Western Avenue at its intersection with 37th Place. Rhodes was in the crosswalk going from…