Taylor

O. B. Taylor was found guilty by a jury of two counts of manslaughter committed in the driving of a vehicle with gross negligence (Pen. Code, § 192, subd. 3(a)) and one count of driving a vehicle while under the influence of intoxicating liquor and causing bodily injury. (Veh. Code, § 23101, formerly § 501.) He has appealed from the judgment entered and from the order of the court denying his motion for a new trial.

Appellant’s principal contention is that he did not receive a fair and impartial trial. While appellant states that the verdict was contrary to the evidence, he does not seriously argue this contention, merely stating that “there was certainly a sufficient conflict in the testimony . . ., to warrant and to require the Jury to find that there was reasonable doubt as to the guilt of the defendant, . . . .” However, before discussing appellant’s contention that he did not receive a fair trial, we shall briefly summarize the evidence as shown by the record.

Sometime between 2:30 a.m. and 4 a.m. of the morning of January 31, 1959, appellant left Los Angeles in his 1949 Ford and headed north toward the San Francisco Bay Area. Between 8:30 a.m. and 9 a.m. appellant stopped…