The opinion
MCCARTHY, j.
I concur in the affirmance of the judgment. As to the principal question involved, I agree with that part of the opinion which holds that the search and seizure resulting in the state’s obtaining and introducing in evidence state’s Exhibit 4 were not unreasonable or unlawful under .Const., art. 1, see. 17, but were reasonable and lawful as incidental to a lawful arrest. I do not concur in that part of the opinion which approves the doctrine of People v. Mayen, 188 Cal. 237 , 205 Pac. 435 , and disapproves the doctrine of Weeks v. United States, 232 U. S. 382 , Ann. Cas. 1915C, 1177, 34 Sup. Ct. 341, 58 L. ed. 652, L. R. A. 1915B, 834.
Justices Dunn and Lee authorize me to state that they join in this concurring opinion.
Petition for rehearing denied.