Seiler

The defendant was convicted on a charge of manslaughter; he moved for a new trial; the motion was denied; he made a motion in arrest of judgment and that motion was denied; and he has appealed from the judgment and the order denying him a new trial.

The appellant contends that the evidence is insufficient to support the verdict. The evidence shows that on the evening of the twenty-second day of April, 1921, the defendant was driving an automobile from Burlingame north toward San Francisco. At the point known as Death Curve, which is located below the cemeteries and between Burlingame and San Francisco, the car driven by the defendant collided with an automobile driven by Harry D. Utter and thereafter proceeded and immediately struck an automobile driven by the deceased, Harry R. Doty. The latter collision was of such violence that Doty was killed. The place of the accident is particularly dangerous, as may be inferred from the name it bears. Each of the drivers of each of the machines lived in the general neighborhood and knew the dangerous nature of the spot. The accident occurred about 8 o’clock in the evening. The prosecution called as its witnesses persons who were riding in…