People v. Kemp

The appellant and one Jack Coffin were jointly charged with the crime of manslaughter (violation of Pen. Code, § 192, subd. 3, par. (a)). It was charged that on March 10, 1956, they unlawfully and without malice, while driving and operating an automobile, and while in the commission of an unlawful act not amounting to a felony, with gross negligence, killed one Ralph Rook. At the trial the defendants called no witnesses and submitted no instructions. A jury found them both guilty as charged, and further found that the act causing death was done with gross negligence. Probation was granted to…