Rallo

The defendant was convicted of a violation of section 141 of the California Vehicle Act (Stats. 1929, p. 544, sec. 62), consisting of a failure to render aid to a pedestrian who was struck by his automobile and killed. The defendant was jointly charged and tried with one Jack Gallo who was driving the machine at the time of the accident. The machine was owned by the appellant. He sateby the driver’s side at the time of the accident, but claimed to have been asleep. The driver was acquitted while the owner of the machine was convicted.

The appellant contends that the evidence fails to support the judgment of conviction; that the owner of the machine was a mere accessory to the alleged offense and could not be lawfully convicted thereof since the principal was acquitted, and that the court erred in giving and refusing certain instructions.

About 4 o’clock on the morning of May 25, 1931, the appellant and an associate by the name of Gallo were driving a Ford automobile southerly along the Golden State highway between Madera and Fresno. The machine was owned by the appellant. It was being driven by Gallo. The appellant sat by the driver’s side and claims to have been asleep when the…