Cavallero

Defendant Dominic Steve Cavallero was charged by information with a violation of section 501 of the Vehicle Code (a felony), it being alleged that he “did willfully, unlawfully and feloniously drive a certain vehicle, to wit, an automobile, while under the influence of intoxicating liquor and in an unlawful manner, proximately causing bodily injury to Michael Errington, a human being.’’ The jury returned the following verdict: “We, . . ., find the defendant, . . ., guilty of Violation of Section 502 of the California Vehicle Code, Driving While under the Influence of Liquor, a misdemeanor, a lesser offense included in that charged in the Information.’’

Defendant’s motion for a new trial was denied, judgment was pronounced, and he has appealed from the judgment and from the order denying his motion for a new trial.

Appellant does not question the sufficiency of the evidence to support the judgment, but the principal ground upon which he relies for a reversal of the judgment and order is that a miscarriage of justice resulted from the admission into evidence of the blood-alcohol test; that the wrong done appellant was not cured by the subsequent striking out of said testimony and…