Halbert

The defendant was found guilty under counts 1 and 3 of the information. Count 2. charged the offense of violation of section 112 of the California Vehicle Act. But at the trial count two was dismissed.

American Avenue is a street running north and south, in the city of Long Beach. State Street is an east and west highway which crosses American Avenue and is thirty-six feet wide between curbs. Extending along the center of American Avenue is a right of way, seventy-two feet in width, of the Pacific Electric Railway. Between the west line of the right of way and the west curb line of the avenue, the width of the driveway is thirty-one feet. On the east side of the right of way the width of the driveway is twenty-six feet. State Street is open for traffic across American Avenue.

At about 1 o’clock on the night of March 29, 1925, one Frank Jones was driving a Ford roadster, going south on the west side of American Avenue. At about the same time a Ford coupe, which was the property of defendant, was being driven toward the west on State Street across American Avenue. One of the disputed questions in this ease is the question whether or not the defendant was driving his car or was…