SCHOTTKY, J.
An information was filed charging the defendant above named with a violation of section 192, subdivision 3, of the Penal Code in that "on or about the 4th day of May, 1955, in the said County of Nevada, State of California, he did feloniously and without malice, while engaged in the driving of a vehicle in the commission of an unlawful act not amounting to a felony, with gross negligence, and while in the commission of a lawful act which might produce...
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