People v. Pryor

The defendant has appealed from a judgment of conviction of negligent homicide as provided by section 500 of the Vehicle Code of California.

It is contended section 500 of the Vehicle Code is an unlawful delegation of legislative authority authorizing the trial judge to transform a declared felony into a mere misdemeanor contrary to section 17 of the Penal Code by fixing a penalty for a felony by imprisonment in a county jail; that the information is fatally defective in alleging that the defendant was guilty of “wilfully” driving his automobile in such a negligent manner as to cause the death…