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PEOPLE v. WITZEL

Docket No. 6018.

155 Cal.App.2d 486 (1957)

318 P.2d 136

THE PEOPLE, Respondent, v. RONALD OTTO WITZEL, Appellant.

Court of Appeals of California, Second District, Division Two.

November 25, 1957.

Attorney(s) appearing for the Case

Albert C.S. Ramsey and Milton Emlein for Appellant.

Edmund G. Brown, Attorney General, and Elizabeth Miller, Deputy Attorney General, for Respondent.

ASHBURN, J.

Defendant was tried upon an information containing two counts. The first alleged manslaughter (Pen. Code, § 192)1 in that defendant did, "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 death, in an unlawful manner, with gross negligence, kill ROY B. SUMNER." The...

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