We concur in the order affirming the judgments of guilt. We dissent from the order recalling the remittitur in Crim. 7067 and from the order reversing the judgments imposing the death penalty insofar as they relate to the penalties.
Adopting the language of People v. Morse, 60 Cal.2d 631, 653 [6a] [36 Cal.Rptr. 201, 388 P.2d 33], “we are [not] of *384the opinion that it is reasonably probable that a result more favorable to [the] defendant[s] as to penalty would have been reached in the absence of the error.” (See also People v. Hines, 61 Cal.2d 164, 174 et seq. [37 Cal.Rptr. 622, 390 P.2d 398].)
Petitioners ’ application for a rehearing was denied February 24, 1965. Mosk, J., did not participate therein.
Retired Associate Justice of the Supreme Court sitting under assignment by the Chairman of the Judicial Council.