Lloyd

Defendant was charged with the crime of manslaughter and was convicted. He appeals from the judgment and from an order of the trial court denying his motion for a new trial.

The killing which led to appellant’s conviction was involuntary. The catastrophe occurred at about 10 o’clock at night. Immediately preceding the tragic event appellant, along with a large number of other drivers of automobiles, was held on Wilshire Boulevard, in the city of Los Angeles, at the easterly line of Western Avenue, by the automatic traffic signals maintained at the intersection. As the assembled cars stood, in several lines, appellant was at the extreme left and at or near the middle line of Wilshire. Upon proper signal the cars moved forward in a body, crossed Western and moved westward along Wilshire. A short block west of Western, and parallel to it, Manhattan Avenue enters Wilshire from the north, but is not prolonged across it. One Lloyd Toumans had parked his automobile at the south curb of Wilshire immediately opposite the confluence of Man hattan with that thoroughfare. He had crossed Wilshire afoot for the purpose of doing some shopping on the north side of the boulevard. This duty having…