Briggs

Defendant appeals from a judgment of conviction on two counts of attempted murder. That judgment included a denial of the motion for new trial. He was charged *388 in count I with attempting to kill his wife (Norma Briggs), arid in count II with attempting to kill his wife’s mother (Mary D. Nilson). The theory of the prosecution (based almost entirely on the testimony of Mrs. Nilson) was that defendant, with intent to kill the two women, deliberately caused the automobile in which they were seated to run over a cliff. The defense relied on the testimony of defendant and his wife that the occurrence was an unfortunate accident.

On and prior to July 20,1959, defendant and his wife lived in the Pacific Palisades area of Los Angeles. They had been married for over 10 years, and had three children, aged 5, 8 and 9. Mrs. Nilson, who lived alone in the Wilshire area of the same community, was an overnight guest in the Briggs home on the night of July 19, 1959. On the morning of the 20th Mr. and Mrs. Briggs undertook to drive her home. Defendant drove the car, his wife sitting alongside of him, with Mrs. Nilson on the extreme right of the same seat. The ear was a 1958 Mercury which…