People v. Pearne
California Supreme Court
APPEAL from a judgment of the Superior Court of Butte County and from an order denying a new trial. John C. Gray, Judge. The facts are stated in the opinion of the court. The indictment charges voluntary and not involuntary manslaughter, and the conviction of involuntary manslaughter is not supported, none of the acts constituting it being specifically charged.
Read the full summary
APPEAL from a judgment of the Superior Court of Butte County and from an order denying a new trial. John C. Gray, Judge. The facts are stated in the opinion of the court. The indictment charges voluntary and not involuntary manslaughter, and the conviction of involuntary manslaughter is not supported, none of the acts constituting it being specifically charged. (People v. Lee, 107 Cal. 480-81; People v. Ward, 110 Cal. 369; Bruner v. State, 58 Ind. 159.) The violation of a municipal ordinance is not an “ unlawful act ” within the meaning of section 192 of the Penal Code. (Commonwealth Adams,…
1Opinion of the CourtGaroutte, J.
The defendant has been convicted of the crime of “involuntary manslaughter,” and appeals from the judgment. It is claimed that, while intoxicated, he drove his team of horses through the principal street of the town of Biggs, in a reckless manner, and at a great and unusual rate of speed. A feeble old woman selected this inopportune time to attempt a voyage across the street, with the result that she was run over by the driver and fatally injured. His indictment and conviction followed.
Section 192 of the Penal Code is as follows: “Manslaughter is the unlawful killing -of a human being without…
2Cases cited2 opinions
- Commonwealth v. AdamsMassachusetts Supreme Judicial Court · 1873
- Bruner v. StateIndiana Supreme Court · 1877
3Cited by39 opinions
- Ex Parte DanielsCalifornia Supreme Court · 1920
- People v. MaughsCalifornia Supreme Court · 1906
- People v. StuartCalifornia Supreme Court · 1956
- People v. ThomasCalifornia Supreme Court · 1987
- People v. SanchezCalifornia Supreme Court · 2001
34 more not listed; retrieve them via the Exa API.