I dissent for the reasons set forth in my dissent in People
v. Mutch, ante, p. 389 [93 Cal.Rptr. 721, 482 P.2d 633]. In my opinion the application for recall of the remittitur should be denied.
McComb, J., concurred.
ROTH, J.*I dissent for the reasons set forth in my dissent in People v. Hunter, ante, p. 432 [93 Cal.Rptr. 746, 482 P.2d 658]. In my opinion the application for recall of the remittitur should be denied.
Respondent’s petition for a rehearing was denied April 22, 1971. Wright, C. J., and Mosk, J., did not participate therein. Kaus, J.,* and Roth, J.,* participated therein.
Assigned by the Acting Chairman of the Judicial Council.