Maas

The defendant was accused of violating section 148 of the Penal Code, it being charged that he removed from the scene of an automobile accident the driver of one of the cars involved therein, with the intent of obstructing a certain officer of the California highway patrol from discharging the duties of his office. This appeal is from a judgment after the conviction of the defendant by the court sitting without a jury, and the only question presented is as to the sufficiency of the evidence.

The only evidence before the court was a stipulation, which is as follows: “ . ... it is stipulated by and between counsel in this proceeding that on or about the 21st day of October, 1932, there was an automobile accident on North Main Street of Santa Ana or South Main Street of Orange, in which accident one Rolf Von Eekhartsberg was the driver of an automobile which collided with an automobile on said highway; that immediately following the said collision there were three children killed outright. The said Rolf Von Eekhartsberg was rendered unconscious thereby and that at the time and immediately before said collision said Rolf Von Eekhartsberg had been at the home of the defendant, Arthur…