People v. Schumacher

The appellant was accused of the crime of violation of section 23101 of the Vehicle Code. In the information it was alleged that the appellant “did willfully, unlawfully and feloniously drive ... an automobile, while under the influence of intoxicating liquor, and in an unlawful manner, proximately causing bodily injury” to a named person. In a nonjury trial he was found guilty of reckless driving, “a lesser but necessarily included offense.' ’ That offense is defined in section 23103 of the Vehicle Code. In the notice of appeal, it is stated that the appeal is from the order granting…