I concur in the judgment.
However, I do not join in the criticism of Neal v. State of California (1960) 55 Cal.2d 11 [9 Cal.Rptr. 607, 357 P.2d 839], Justice Traynor’s opinion for the majority in that case has withstood numerous assaults for more than three decades and does not merit an additional critique at this late date. Lengthy quotations by the majority from dissenting opinions in Neal and in the Court of Appeal add nothing to the correct solution of this case.