I dissent.
Since I am firmly of the opinion that mandamus is not available to determine the sanity of a person under sentence of death and that habeas corpus is the only remedy available to such a person, I would reverse the judgment with directions to the trial court to dismiss the proceeding. As a basis for this conclusion I adopt the reasoning and the views expressed by Mr. Justice Schauer in his concurring and dissenting opinion in Phyle v. Duffy, 34 Cal.2d 144, page 163 et seq. [208 P.2d 668], in which I concurred.
Appellant’s petition for a rehearing was denied December 3, 1953.
Carter, J., was of the opinion that the petition should be granted.