People v. Hamilton

*136BROWN (G. A.), P. J. I dissent.

This case is being reversed upon the tenuous ground that the jury was not instructed that to return a verdict of guilty it had to find defendant knew he was involved in the accident. There is no question that to find a person guilty of felony hit-and-run driving it is essential that the driver knows that he was involved in an accident. My disagreement comes with the conclusion of the principal opinion that the jury did not receive adequate instructions on this concept.

It is elemental that instructions must be viewed and construed in a common sense manner and as…