People v. Wells

Opinion

BAXTER, J.

Subdivision (c)(1) of Penal Code section 1921 (section 192(c)(1)) defines one of the three kinds of vehicular manslaughter described in section 192 as “driving a vehicle in the commission of an unlawful act, not amounting to felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.” In this case we are asked to decide if the “unlawful act” to which the statute refers must be an offense that is inherently dangerous to human life or safety, and if so, whether exceeding…