Opinion
Appeal from Superior Court, Fresno County; Arthur Allyn, Judge.
In Bank.
On rehearing.
For prior opinion, see 35 P.2d 137.
S. L. Heisinger, of Reedley, for appellant.
U.S. Webb, Atty. Gen., and Alberta Belford, Deputy Atty. Gen., for the People.
PER CURIAM.
The petition for hearing is denied. In denying said petition we withhold our approval of the statement in the opinion that under section 112 of the California Vehicle Act (St. 1923, p. 553, as amended by St. 1929, p. 537, the crime of driving an automobile by any person upon a public highway while under the influence of intoxicating liquor is not defined as a felony.