I dissent.
I would affirm the judgment.
SULLIVAN, J.—I concur in the judgment. I agree generally, on the basis of our decisions in People v. Ireland (1969) 70 Cal.2d 522 [75 Cal.Rptr. 188, 450 P.2d 580] and People v. Wilson (1969) 1 Cal.3d 431 [82 Cal.Rptr. 494, 462 P.2d 22], that the court’s instructions on the first degree felony-murder rule in this case were erroneous and that such error was prejudicial. However, I do not agree with, and do not join in, the additional views of the majority relating to the felony-murder rule. I am in accord with the majority’s disposition of other claims of error.
Burke, J., and Sims, J.,* concurred.
Respondent’s petition for a rehearing was denied April 9, 1970. Sims, J.,* sat in place of Mosk, J., who deemed himself disqualified.
Assigned by the Chairman of the Judicial Council.