People v. Ely

OGDEN, J. pro tem.

This appeal presents the question whether, after the repeal by the Legislature in 1943 of section 500 of the Vehicle Code (negligent homicide), a prosecution lies under section 192 of the Penal Code (manslaughter) where the homicide is caused by the driving of a vehicle.

The respondent was charged by information with the crime of manslaughter, the charge being based upon the death of one John Jenkins as the result of a collision, on February 17, 1945, between an automobile operated by the former and one in which the deceased was a passenger. The trial court, upon motion of…