People v. Witzel

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 Rov B. Sumner.” The second charged violation of section 501, Vehicle Code, 2 that defendant “did willfully, unlawfully and feloniously drive a certain vehicle, to wit, an automobile, while…