Leutholtz

The appellant was charged by information filed by the district attorney of Los Angeles County, consisting of three counts, with (1) having unlaw fully killed one W. J. Drake without malice, (2) driving an automobile upon a public highway while under the influence of intoxicating liquor, and (3) failing and neglecting to stop and render aid after striking W. J. Drake, as required by section 141 of the California Vehicle Act. (Stats. 1923, p. 562.) A jury having found him guilty, the defendant appealed from each of the judgments entered accordingly, and from an order denying a motion for a new trial.

The first ground advanced by appellant for reversal is an asserted deficiency of the evidence to support the judgments. It is undisputed that on October 24, 1928, at about 7 o ’clock P. M., Drake was walking across Huntington Drive at or near the intersection of Ferntop Drive, when he was struck by an automobile proceeding at a rapid rate of speed in a northeasterly direction upon Huntington Drive, that he was hurled against the curbing, receiving injuries from which he died, and that the driver increased the speed of the machine soon afterward. The defendant, testifying in his own…