People v. Rodgers

Defendant was charged with the offense of manslaughter, ie., violating section 192, subdivision 3(a), Penal Code. The jury returned a verdict finding defendant guilty under subdivision 3(b), section 192, Penal Code, a “misdemeanor” (an included offense). It further found that the act causing death was done “without gross negligence.” Defendant was granted probation.

The only question presented in the briefs on this appeal involves certain given and refused instructions.

Defendant offered one which, in effect, would have told the jury that if it found that deceased was driving his vehicle at…