McKee

This appeal is from a judgment of conviction of the defendant upon a charge of manslaughter and also a violation of section 141 of the Motor Vehicle Act (Stats. 1923, p. 517), requiring a person upon the happening of an accident to stop, give his name and address to the person struck, and render such assistance as is necessary.

The facts show that after an all-night affair at a bungalow near Seal Beach, where the defendant drank some liquor, he was driving home on Compton Avenue at Forty-seventh Street in Los Angeles City at about the hour of 6:40 A. M. on November 4, 1925; that upon arriving at the intersection he was driving a little to the left of the center of the road in an effort to pass two other automobiles in front of which Mrs. Fleming had just passed, and in so doing struck and instantly killed her. The speed of the defendant’s car was estimated by plaintiff’s witnesses at somewhere between forty and fiftfi miles an hour, by one of the defendant’s witnesses as between thirty-five and forty, concerning which fact the defendant said, “I might have been going faster than thirty-five.” A partly filled bottle of synthetic gin was found in the car and later in the morning…