People v. Mortenson

The People appeal from the order granting defendant a new trial following the verdict of a jury that he was guilty of a felony manslaughter in the driving of a motor vehicle. (Pen. Code, §192.3, subd. (a).)

No useful purpose would be served by setting forth the evidence in detail. It is sufficient to state that, although circumstantial in character, it was abundantly sufficient to sustain the jury’s verdict.

The order granting the new trial was based upon the trial court’s determination that it had erred in giving CALJIC Instruction 51 (Revised), which advised the jury concerning the inferences…