People v. Leitgeb

Appellant, Ernest Leitgeb, was convicted in a jury trial of the unlawful killing of one Eugene Kasmer by means of a vehicle being driven with gross negligence. He appeals from the judgment and an order denying his motion for new trial. Defendant was prosecuted under section 192, subdivision 3(a) of the Penal Code. The sole issue of fact was whether he was grossly negligent in the operation of his car.

In appellant’s opening brief the case is summarized as follows: “According to defendant and his witnesses, defendant was driving west, on Sunset, on the street car tracks (the center traffic lane…