Johnston

On the night of February 3, 1928, at about 9:30 o ’clock, appellant, while driving an automobile in a southerly direction on Vermont Avenue, near Forty-eighth Street, in the city of Los Angeles, struck Mrs. Florence Gillette and a lady companion, and ran over them, as a result of which the former died almost instantly. He was charged by information, consisting of three counts, with (1) manslaughter; (2) violation of section 141 of the Motor Vehicle Act for failure to stop and furnish the information required by said section or to render aid, and (3) driving a vehicle upon a public street while under the influence of intoxicating liquor. He was found guilty upon all three counts, and was sentenced to serve in the penitentiary at San Quentin under the first two counts the time prescribed by law, and ninety days under the third count. This appeal is from the judgments rendered.

The principal ground of appeal is an alleged insufficiency of the evidence to support the verdict and judgment upon either one of the counts. It is insisted that as to the verdict of manslaughter there is no evidence that the defendant was engaged in the commission of an unlawful act not amounting to a…