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People v. Watson11/30/1981
s the basis for the new crime created by the majority. This makes murder out of an unintentional killing of a human being proximately resulting from extreme culpability on the part of a defendant motorist in the operation of a vehicle. Admittedly, all deaths caused by a vehicle are not necessarily manslaughter. A vehicle, like a gun, a knife, a club, can be used to inflict injury and from the manner in which it is used an inference can be made that the party intended the consequences of his act. (See Annot., Murder -- Homicide by Automobile (1968) 21 A.L.R.3d 116-163.)
The definitional classification of the offenses, their respective punishment, the consequences resulting from a failure to keep them separate, as has been noted above, compels the conclusion that the Legislature did not intend to permit tandem charge of murder and vehicular manslaughter under facts such as are now before the court.
The legislative history of vehicular manslaughter also makes clear the legislative intent.
In 1935, as part of its first Vehicle Code, California enacted section 500, a specific vehicular homicide statute.
In 1941, section 500 was amended to make clear that it supplanted the Penal Code provisions relating to involuntary manslaughter in all cases where a homicide was "caused by the driving of any vehicle."
In 1943, Vehicle Code section 500 was repealed and, in the same chapter, Penal Code section 193, prescribing the punishment for manslaughter, was amended to include the following language: " violation of subdivision 2 of Section 192 of this code [i.e., involuntary manslaughter] resulting from the operation of a vehicle is punishable by imprisonment in the county jail for not more than one year or in the State Prison for not more than five years." (Stats. 1943, ch. 421, § 2, p. 1959.) By including the repeal of Vehicle Code section 500 and the amendment of Penal Code section 193 as the only two items in a single bill, the Legislature's intent to reintegrate the "wilful indifference" standard into Penal Code section 192 governing manslaughter is manifest.
In the following legislative session (1945), this intent was embodied in the adoption of the present vehicular manslaughter statute -- Penal Code section 192, subdivision 3. (Stats. 1945, ch. 1006, § 1, p. 1943.)
Finally, I agree with the views expressed by Chief Justice Bird and respectfully join in her dissent.
Judges Footnotes
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