The opinion
MoCOMB, J.
I dissent. I would affirm the judgment for the reasons stated by Mr. Justice Herndon in the opinion prepared by him for the District Court of Appeal in People v. Kiihoa (Cal.App.), 342 P.2d 981 .
Spence, J., concurred.
Respondent’s petition for a rehearing was denied March 30, 1960. Spence, J., and McComb, J., were of the opinion that the petition should be granted.