Maggio

The appellant was charged by information, and found guilty by a jury, of having, on or about August 23, 1927, violated section 367e of the Penal Code, which said section provides in part that:

This is an appeal from the judgment, and from an order denying a motion for a new trial.

It appears that at about 2:30 or 3 o’clock A. M., on August 22 or 23, 1927, the exact date being questioned by the parties, W. B. Oswell and Estelle Oswell, his wife, left Yuma, Arizona, in a coupe, driving in a westerly direction toward El Centro, California, which is about sixty-two miles distant from Yuma, at the rate of thirty or thirty-five miles per hour; that when they had proceeded about thirty-seven miles on their journey their automobile collided with a truck which was traveling easterly at about the same rate of speed; that at the point of contact the Oswell ear was traveling at about four or five miles per hour. As a result of the collision the coupe was thrown across the thoroughfare, the left front wheel was bent under the machine, and its running-board and fender were torn off. Mrs. Oswell was thrown to the pavement and was injured. The truck proceeded easterly toward Yuma, and although…