Distinguished
Distinguished by People v. Love, 75 Cal. App. 3d 928 (1977)
On its facts, the holding in Spriggs is distinguishable from the case before us.
The opinion
McCOMB, J.
I dissent. I would affirm the judgment. See the opinion prepared by Mr. Presiding Justice Wood for the District Court of Appeal in People v. Spriggs (Cal.App.) 33 Cal.Rptr. 732 .
Respondent’s petition for a rehearing was denied March 25, 1964. McComb, J., was of the opinion that the petition should be granted.