Skelton v. Superior Court

PETERS, J.

I concur.

I believe the search herein (see fn. 9) was illegal and in violation of the rule laid down in Chimel v. California, 395 U.S. 752 [23 L.Ed.2d 685, 89 S.Ct. 2034]. I further believe that Chimel should apply to pending cases. However, in People v. Edwards, 71 Cal.2d 1096 [80 Cal.Rptr. 633, 458 P.2d 713], the majority of this court ruled to the contrary. Under compulsion of the Edwards case I am compelled to follow the rule of that case.