People v. Watson

Opinion

RICHARDSON, J.

Defendant was charged with both second degree murder (see Pen. Code, §§ 187-189; all further statutory references are to this code) and vehicular manslaughter (§ 192, subd. 3(a)). In this pretrial proceeding, he contends that the facts underlying the alleged offense disclose, at most, gross negligence punishable under the manslaughter statute. We have concluded, however, that the facts also support a finding of implied malice (§ 188) justifying the murder charge as well.

The circumstances of the offense, as elicited at the preliminary examination, are as follows: In the…