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People v. Tucker11/4/1948
DISTRICT COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT
Crim. No. 595
1948.CA.40130 ; 88 Cal. App. 2d 333; 198 P.2d 941
November 4, 1948
THE PEOPLE, RESPONDENT,
v.
RUSSELL JAMES TUCKER, APPELLANT
APPEAL from an order of the Superior Court of Tulare County denying a new trial. Frederick E. Stone, Judge.
W. G. Machetanz for Appellant.
Fred N. Howser, Attorney General, and James A. Doherty, Deputy Attorney General, for Respondent.
Griffin, J. Barnard, P. J., and Mussell, J., concurred.
Griffin
Defendant was charged with violating section 501 of the Vehicle Code in that, while driving under the influence of intoxicating liquor he willfully and unlawfully failed, neglected and refused to drive his car upon the righthand side of a highway, which act is forbidden by law and which proximately caused bodily injury to one C. F. Boyd and one Mildred Davis. After pleading not guilty, defendant was found guilty by a jury. A motion for a new trial on four separate grounds was denied. He was granted probation for three years on condition that he serve 10 months in the Industrial Road Camp and pay a fine of $500 within 60 days after his release from the camp. Defendant was granted a stay of execution pending appeal.
Defendant, accompanied by Mildred Davis, drove a Chevrolet coupe easterly on a two-lane highway, No. 198 in Tulare County, about 11:30 p.m. on September 28th. He became involved in an automobile accident with a 1935 Ford sedan driven in a westerly direction by Boyd.
Boyd testified that he was proceeding westerly on the north one-half of Highway 198 at about 45 miles per hour; that there was an intersection of highways about 673 feet east of the point of collision and that before he reached that intersection he had overtaken and passed another car proceeding in the same direction; that he had returned to his side of the highway before reaching the intersection and was traveling near the north edge thereof when his car was struck by another car; that as a result of the collision he was knocked unconscious and later removed to the hospital, and that he did not remember anything that happened just before, at the time of, or immediately after the accident.
A member of the California Highway Patrol testified that there was evidence of "gouge marks" in the north one-half of the highway about 4 feet 4 inches from the north edge of the road; that tire burns proceeded along the north edge of the north half of that road westerly toward the point of collision; that the "gouge marks" were evidently made by reason of a "blown" tire; that he found defendant seated behind the steering wheel of his car and suffering from injuries; that defendant's automobile was headed in an easterly direction in the north one-half portion of the highway near the north edge of the pavement and it was facing in a northeasterly direction; that Boyd's Ford was facing in a northwesterly direction and the front portions of the two cars were together; that at a point approximately 30 or 40 feet east of the point of collision
there was a driveway into what is known as the Sahara Club, located on the north side of the highway; that when he arrived at the scene of the accident Boyd was out of his car and stretched out on some seat cushions; that defendant and Mrs. Davis were still in the Chevrolet. The witness indicated,
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