People v. Symons , 9 Cal. Rptr. 363 ( 1960 )

McCOMB, J.

I dissent. I would reverse the judgment for the reasons expressed by Mr. Justice Ashburn in the opinion prepared by him for the District Court of Appeal, (Cal.App.) 5 Cal.Rptr. 808.

Schauer, J., concurred.

Appellants’ petition for a rehearing was denied January 4, 1961. Schauer, J., and McComb, J., were of the opinion that the petition should be granted.