I dissent. I would affirm the judgment for the .reasons expressed by Mr. Presiding Justice Kaus in the opinion prepared by him for the Court of Appeal in Johnson v. State of California (Cal.App.) 65 Cal.Rptr. 717.
Respondent’s petition for a rehearing was denied December 30, 1968. Ford, J. pro tern.,* sat in place of Mosk, J., who deemed himself disqualified. Me Comb., J., was of the opinion that the petition should be granted.
Assigned by the Chairman of the Judicial Council.