I dissent from the reversal of the judgment imposing the death penalty for the reason that, in my opinion, the error complained of did not result in a miscarriage of justice. (Cal. Const., art. VI, §13.)
Appellant’s petition for a rehearing was denied May 8, 1969. Mosk, J., did not participate therein. Traynor, C. J., and Peters, J., were of the opinion that the petition should be granted.