Reid

The defendant was charged in the information with manslaughter in the first count and a violation of ■ section 141 of the California Vehicle Act in the second. The jury was unable to agree on the first count. The second count, from a conviction on which defendant appeals, is as follows:

There was no eye-witness to the accident, but the evidence showed that Linstrum had been seen walking along the highway in a westerly direction about 8:30 o’clock on the night in question. An automobile likewise traveling westward in the same vicinity at a high rate of speed struck some object with sufficient force to cave in the bar upon which the front license plate was fastened and to cave in the radiator and the front portion of the hood, giving evidence of a terrific impact. The car was seen to stop, back up, stop and then drive away all within a brief space of time. A few minutes thereafter Linstrum was discovered lying on the road crushed and mangled and various articles carried on his person prior to the accident were found scattered along the roadway at intervals over a distance of approximately 130 feet. Broken portions of a headlight lens identical with the lens in the defendant’s car…