People v. Crossan

SHAW, J., pro tem.

Appellant was operating an aeroplane, and while it was in the air its engine stopped, making it necessary for him to land. He came down in the surf at Venice, and as he landed the aeroplane struck and killed two young girls who were in bathing. Thereupon an indictment was found against him in two counts, each of which charged the killing of one of the girls as manslaughter. At the trial he was convicted on both counts, and now appeals from the judgments and from an order denying his motion for a new trial.

Appellant complains that the court wrongly instructed the jury as to…