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State v. Milligan

Supreme Court of Arizona

January 27, 1960

STATE of Arizona, Appellee,
v.
Toby MILLIGAN, Appellant,

Page 181

[87 Ariz. 166] Wade Church, Atty. Gen., Leslie C. Hardy, Chief Asst. Atty. Gen., Charles C. Stidham, Maricopa Co. Atty., Howard P. Leibow, Deputy Co. Atty, Phoenix, for appellee.

Gibbons, Kinney and Tipton, Phoenix, for appellant.

JOHNSON, Justice.

Defendant was convicted by a jury of the offense of leaving the scene of an accident involving personal injury, a misdemeanor; and after a motion for a new trial was denied, and sentence imposed brings this appeal from such judgment.

Proceedings against defendant were instituted upon the basis of a direct information charging defendant with the willful and unlawful violation of A.R.S. § 28-661 and 28-663. These sections provide as follows:

' § 28-661. Accidents involving death or personal injuries

'A. The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith[87 Ariz. 167] return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of § 28-663. Every such stop shall be made without obstructing traffic more than is necessary.

'B. Any person failing to stop or to comply with the requirements under the circumstances shall be punished by imprisonment in the county jail for not less than thirty days nor more than one year, by a fine of not less than one hundred nor more than five thousand dollars, or both.'

' § 28-663. Duty to give information and render aid.

'The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address and the registration number of the vehicle he is driving and shall upon request exhibit his operator's or chauffeur's license to the person struck or the driver or occupants of or person attending any vehicle collided with and shall render to any person injured in the accident reasonable assistance, including the making of arrangements for the carrying of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if the carrying is requested by the injured person.'

A violation of these sections is made a misdemeanor by virtue of A.R.S. § 28-1031.

The essential factual outline of this case may be easily delineated. Defendant, driving a Ford automobile, struck a pedestrian, Wayne Edward Johnson, age three years, while proceeding along 42nd Avenue, otherwise known as Rose Lane, in Phoenix, Arizona. While the evidence or this point is rather vague, it appears defendant stopped his car within a distance of 100 to 300 feet from the scene of the accident and proceeded to return thereto. In the meantime, residents of the neighborhood had gathered around the child in the street, the child, it appearing, having been rendered unconscious by the force of the collision. When defendant reached the scene, he approached the child, observed its unconscious state and the ministrations being tendered by certain of those present, and then retreated to his parked vehicle and departed the neighborhood. Defendant apparently remained at the scene

Page 182

of the accident for no more than a minute or two during which time he neither spoke to anyone nor offered any assistance for the benefit of his victim. Shortly after defendant's departure, the police arrived and the injured child was conveyed by ambulance to a hospital.

Thereafter, defendant was apprehended and brought to trial by direct information [87 Ariz. 168] charging statutory violations as hereinbefore noted. Specifically, it was charged, defendant did not fulfill the requirements of A.R.S. § 28-663 in that he did not give his name, address, and registration number of the vehicle he was driving to the person struck, nor did he render to that person any assistance, nor did he make any arrangements for the carrying of the injured person to a physician, surgeon, or hospital for medical or surgical treatment, it being apparent that such treatment was necessary.

Defendant on apeal contends that the trial court committed reversible error in denying various motions made by ...


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