Froelich

Defendant was convicted of manslaughter (Pen. Code, § 192, subd. 3 (a)) in that on February 17, 1962, he did wilfully and unlawfully, but without malice, kill Nan Bonner Malloy while engaged in driving a vehicle in the commission of an unlawful act not amounting to a felony; to wit, driving to the left of double lines, in violation of section 21460, subdivision (a), Vehicle Code, with gross negligence. He has appealed from the order denying his *709 motion for a new trial, the judgment of conviction and order imposing probation.

A collision occurred a little after midnight on Beverly Glen Boulevard between a northbound car being driven by defendant and a southbound car being operated by Roger Malloy, which resulted in the death of Mrs. Malloy. The accident happened a short distance north of Olympic and approximately in the area where Beverly Glen curves to the right. There was testimony indicating that defendant was driving at approximately 60 miles per hour and that when he reached this curve his car continued on “in the same direction” (north) which carried it across the double line resulting in a head-on collision with the Malloy car which was traveling south in the center…