Consulter

Defendant was charged upon an information filed by the district attorney of the city and county of San Francisco with the crime of manslaughter. He was convicted. A motion for a new trial was made and denied.

This is an appeal from the judgment and order. The facts are simple. There is evidence in the record to show that on the thirtieth day of August, 1925, at about 7 o’clock in the evening, one Martin Thorsen, accompanied by his wife and two young children, a son and daughter, were standing within a safety zone situated on the east side of Mission Street and Courtland Avenue. The boundary line of the zone was marked upon the surface of the highway and also upon a police standard located on the southerly end thereof. Thorsen and his family were waiting for a northbound car on Mission Street. The evening was clear and it was still daylight. At this time defendant was returning from a picnic in an automobile. He was driving the machine accompanied by a party of friends. As he approached the intersection of the streets named he was proceeding in a northerly direction along Mission Street down the incline which there exists, driving on the car tracks at a speed estimated by…