Martin

Defendant was charged by an information containing three counts with (1) violation of section 112 of the California Vehicle Act; (2) manslaughter, and (3) violation of section 141 of the California Vehicle Act. The jury returned a verdict of guilty on each count. From an order denying a motion for new trial and from the judgments of conviction entered upon said verdicts the defendant has appealed.

The case grew out of a collision which occurred on Crenshaw Boulevard in the city of Los Angeles on July 24, 1930, at about 7 o’clock P. M., when a Cadillac car in which the defendant was riding collided with a Ford coupe driven by one Germain Foureade, who died as a result thereof, the three passengers in the car with him being rendered unconscious. The Cadillac was registered in the name of defendant’s wife, and it was defendant’s contention at the trial that "he was in the rear seat drunk and asleep at the time of the collision and that the car was being driven by a man named Palmer, as defendant’s operator’s license had been taken away from him for driving a car while intoxicated some two months prior thereto.

Appellant contends that the orders and judgments should be reversed…