People v. Acosta

*539SCHAUER, J.

— Defendant was charged by information in count 1 with grand theft of an automobile (Pen. Code, § 487, subd. 3), in count 2 with violation of section 503 of the Vehicle Code,1 and in counts 3 and 4 with manslaughter (Pen. Code, §192).2 A jury found defendant not guilty of count 1 and guilty of counts 2, 3, and 4. Defendant appeals from the judgment as to count 2.

Defendant contends: (1) the evidence of the prosecution establishes defendant’s want of criminal intent; (2) refusal of defendant’s requested instruction as to misfortune and accident was prejudicial error; (3) even if…