Graves

The appellant was found guilty of the violation of section 141 of the Motor Vehicle Act (Stats. 1923, p. 562). The court instructed the jury as follows: “The duty imposed upon a driver of an automobile which strikes a person to stop, render assistance, and furnish the information required by the law is a duty which he must perform in all cases, and it is immaterial whether such accident was caused by the carelessness of such driver, the carelessness of the person struck, or of both, or was an unavoidable accident. Such duty arises whenever such a collision occurs.” Appellant objects to this instruction on account of the presence therein of the words' “in all cases,” and claims that in giving this instruction the court instructed the jury that it was the duty of the driver of an automobile which strikes a person to stop and perform the acts enumerated in the above section of the Motor Vehicle Act, even though he had no knowledge that he had struck such person. While the instruction is no broader than the section itself, it is inconceivable to us that the legislature ever intended to make the provisions of this section applicable to a person who was ignorant of the fact that the…