I concur in the judgment reversing the conviction of defendant under the application of section 4½, article VI, of the California Constitution. (See People v. Watson, 46 Cal.2d 818, 836 [299 P.2d 243], and Fahy v. Connecticut, 375 U.S. 85, 86-87 [84 S.Ct. 229, 11 L.Ed.2d 171].)
McComb, J., and Schauer, J.,* concurred.
Retired Associate Justice of the Supreme Court sitting under assignment by the Chairman of the Judicial Council.