I concur in the reversal of the judgment. I believe, though, that the aims of California Rules of Court, rule 29(a)(1) would more effectively have been furthered had this cause been transferred to the Court of Appeal with appropriate citations. (Cf. Scott & Wegner, Case Dispositions by the California Supreme Court: Proposed Alternatives (1979) 67 Cal.L.Rev. 788, 806.)
Bird, C. J., concurred.