Marconi

People v. Marconi

Good Law
118 Cal. App. 683·1931 Cal. App. LEXIS 365·5 P.2d 974
Court of Appeal of CaliforniaNovember 30, 1931Docket No. 2113.California2,175 words

Opinion

lead Opinion

Bishop, J.

The evidence, though not without its conflicts, is plainly sufficient to support the jury’s conclusion that the appellant was guilty of manslaughter. He was shown to have been driving a fairly heavy car, at night, on a curving road, and to have been to the left of the center line when his car collided head on with one in which a Mr. Newhard was riding. Mr. Newhard died as a result of the injuries received. All the elements of the crime of manslaughter were established. (People v. Thomas, (1922) 58 Cal. App. 308 [ 208 Pac. 343 ].)

Complaint is made of two rulings of the trial court respecting the receipt of evidence. The manager of the bus company, by which appellant was employed, was asked by appellant’s counsel if he had charge of its records regarding accidents. An objection was interposed and sustained, but not until after he had answered affirmatively. Appellant’s counsel, without asking a further question, withdrew the witness. No error appears here: First, because every question asked remained answered; secondly, because the subject matter of the inquiry was not the general reputation of the appellant for prudent driving, but his record in a particular service. Without…

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