Garcia

The defendant was convicted of manslaughter for the negligent driving of an automobile which resulted in a collision and the death of John Browning.

At dusk on the evening of May 31, 1929, the defendant, who is a Filipino, was driving a large Chrysler sedan car containing four other countrymen at a high rate of speed along the Thornton Road in San Joaquin County. At the same time the deceased with two other companions was driving a Pontiac coach from Stockton to Lodi along the Turner highway. Upon reaching the intersection of these highways the speed of the Pontiac machine was diminished to a rate of about fifteen miles an hour. When it reached a point past the center of these roads, it was struck midway along its side by the Chrysler machine, running, as two witnesses who observed the collision testified, at fifty miles an hour. The Pontiac car was hit with such force that, as Mr. Alderson testified, “The Pontiac flew up in the air and turned over about three times.” It was hurled from the highway and landed in the ditch twenty-five or thirty steps from the point of collision. The course of the Chrysler was diverted by the impact and it landed at a considerable distance from the…