Libhart

People v. Libhart

Good Law
1926 Cal. App. LEXIS 153·79 Cal. App. 291·249 P. 211
Court of Appeal of CaliforniaSeptember 11, 1926Docket No. 936.California748 words

Opinion

Lead Opinion

Finch, J.

The defendant was convicted of the violation of section 141 of the California Vehicle Act (Stats. 1923, p. 518), which provides: “The driver of any vehicle which strikes any person . . . shall immediately stop and give his name and address, . . . also the registration number of his vehicle, . . . and shall render ... all necessary assistance,” etc. This is an appeal from the judgment.

Appellant’s main contention is that the evidence is insufficient to support the judgment. A witness for the prosecution testified that on the seventeenth day of January, 1926, in the early morning when “it was just breaking daylight,” as he was driving his automobile north on California Street in the city of Stockton, he saw and heard the defendant’s automobile, traveling south along the opposite side of the same street, the defendant being on his way to Modesto, strike a pedestrian, knocking him down, and, without stopping, continue on its course to the south; that the witness turned and followed the defendant and overtook him C3 a few- miles out of the city; that the defendant “said he didn’t know that he hit anybody”; that both the witness and the defendant then drove back to Stockton and the…

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