Abila

Defendant was charged with violation of section 141 of the California Vehicle Act.. This section provides that the driver of any vehicle involved in an accident resulting in injury or death, who fails to stop and render aid, is guilty of a felony. He was tried before the court without a jury and has appealed from the judgment of conviction.

The court minutes contained in the clerk’s transcript show that a trial by jury was waived by defendant. The trial court, by a nunc pro tunc order, corrected the •minutes to show the true fact that the trial by jury was waived in open court by defendant and his counsel. The attorney-general has presented a certified copy of this order and moved for a diminution of the record by its inclusion therein. As it is the inherent right and power of a court to cause its records to correctly state the proceedings had (People v. Ward, 141 Cal. 628 [ 75 Pac. 306 ]), the motion for diminution of the record is granted and the certified copy of the nunc pro tunc order of the trial court correcting its minutes is ordered filed.

Defendant urges three grounds for a reversal of the judgment. First, that the evidence is not sufficient to sustain the judgment;…