People v. Schmah

Defendant drove his automobile over Carl Grove, eight years of age, fracturing the boy’s skull, as a result of which he died. The jury found a verdict of guilty of manslaughter as charged, and defendant appeals from the judgment of conviction and the order denying his motion for a new trial.

Counsel for defendant, in their opening brief, state the points as follows:

“There are two questions involved on this appeal. The first arises in connection with the meaning of an instruction to the jury concerning the intent of the defendant. In this regard the court gave section 22 of the Penal Code which…