Oct. Term 1967, No. 67, Dec. June 10, 1968.
How later courts described this case
- Oct. Term 1967, No. 67, Dec. June 10, 1968.
Written by the judges who cited it.
Distinguished
Distinguished by People v. Earl, 216 Cal. App. 2d 607 (1963)
Cal.2d 448 [30 Cal.Rptr. 18, 380 P.2d 658] is factually distinguishable.
The opinion
McCOMB, J.
I dissent. I would reverse the order of the trial court as to count II and affirm the order as to count I, *455 for the reasons expressed by Mr. Presiding Justice Fox in the opinion prepared by him for the District Court of Appeal in People v. Mickelson (Cal.App.) 26 Cal.Rptr. 152 .
Appellant’s petition for a rehearing was denied May 14, 1963. McComb, J., was of the opinion that the petition should he granted.