275 P. 489 | Cal. Ct. App. | 1929
Defendant pleaded guilty to the crime of involuntary manslaughter. Although defendant was granted leave to file an application for probation, the trial court refused to consider it and denied probation to defendant on the sole ground that under the provisions of section
That part of section
So far as is here concerned, the words of the statute which require construction are "perpetration" and "inflicted." It is apparent that if such words are to be taken in the sense that the first signifies the simple commission of an act which by the statute constitutes a crime, and that the second merely means that by reason of such act "great bodily injury" resulted, no criminal act (either malum in se or malum prohibitum, however insignificant the latter, or however lacking in either actual or presumed criminal intent on the part of the guilty person), which, even as against the express or implied will, or the manifest contrary conduct, of such person at the time of the commission thereof, results in "great bodily injury" to any person whomsoever — may be the subject upon which that portion of the probation law here under consideration, as expressed in section
A familiar rule of construction of statutes is that unless it appear that words therein have been used in a particular sense, they should be given an interpretation which will accord with the usual, natural, or ordinary meaning attributed to them. Moreover, section 4 of the Penal Code contains the provision that all the statutory provisions of the Penal Code "are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice." But aside from what may be the generally accepted significance of the particular words in question, it may be noted that the dictionary definition of the word "perpetrate" includes the thought that it is used "commonly in a bad sense; as to perpetrate a crime" (Webster's New International Dictionary); or, as stated in Funk and Wagnall's New Standard Dictionary, the word is "now used only ina bad sense; to be guilty of; commit as a wicked deed"; from which it would appear that in the "perpetration of the crime," as designated by section
Although possibly by neither the popular nor the dictionary definition of the word "inflicted" does it necessarily follow that the meaning to be conveyed is that an actual intent must be in operation to impose a blow of any sort, or to cause distress or suffering, nevertheless in Webster's New International Dictionary one of the meanings ascribed to the word is "to impose, as a penalty or punishment." On consideration of the history of the probation law in question (sec.
"The driver of any vehicle which strikes any person or collides with another vehicle shall immediately stop and give his name and address and the names and addresses of all passengers not exceeding five in his vehicle, also the registration number of his vehicle, to the person struck or the occupants of the vehicle collided with, and shall also render to such persons all necessary assistance, including the carrying of such persons to a physician or surgeon for medical or surgical treatment, if such treatment is required, or if such carrying is requested by the person struck or any occupant of such vehicle collided with. Any person violating any of the provisions of this section is punishable by imprisonment in the state prison not exceeding five years or in the county jail not exceeding one year, . . ."
It is undeniable that daily within this state dozens of automobile accidents occur in which "great bodily injury" is "inflicted." Can it be true that in the enactment of the statute in question it was the intention of the legislature to include within its purview all misdemeanors or felonies which are thus "perpetrated"? We think not.
In the case of The Queen v. Clarence, 22 Q.B. Div. 23, it was held (by illustration) that if a man by a grasp of the hand should infect another with smallpox it would be "an unnatural use of language to say that a man by such an act `inflicted' smallpox upon the other." It was also held in the same case that knowingly suffering from a venereal disease and yet having connection with and imparting the disease to one of the opposite sex who is ignorant that the embracer is so suffering is not to "inflict grievous bodily harm," as coming within the purview of the statute prohibiting the same. The point in the case, as expressed in one of the opinions therein, is that in the infliction of anything by one person upon another the element of intent must be present. And so in Jefferson Standard L.I. Co. v. Myers
(Tex. 1926), *234
284 S.W. 216, where the authorities are cited, in principle it is ruled that an insane person is incapable of inflicting an injury; that the word involves an exercise of the will;something done voluntarily; and necessarily implies intention.
To the same effect is Accident Ins. Co. v. Crandal,
For the purpose of considering the eligibility of the defendant in the instant case to probation, it will be remembered that he pleaded guilty to the crime of involuntary manslaughter. By section
In People v. Kelley,
The judgment is reversed, with directions to the trial court to re-arraign defendant for judgment, and thereupon and in accordance with law to hear and determine on its merits the application of defendant for probation, and thereafter to proceed in the premises as it may be advised.
Conrey, P.J., and York, J., concurred.
A petition for a rehearing of this cause was denied by the District Court of Appeal on March 11, 1929, and a petition by respondent to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on March 28, 1929.
All the Justices present concurred.