Opinion
In Bank.
On Hearing.
For opinion of District Court of Appeal, see 285 P. 406.
OPINION
PER CURIAM
[104 Cal.App. 211] In denying the petition for a hearing in this court, after decision by the district court of appeal, we do so with the realization that the judgment herein is contrary to and in effect overrules the case of People v. Spencer, 54 Cal.App. 54, 201 P. 130. We are satisfied with the reasoning and conclusions of the district court of appeal in the present case, and pronounce it a correct declaration of the law. We therefore deem it unnecessary to grant the petition herein merely for the purpose of entering [104 Cal.App. 212] a like judgment in this court based on the same reasoning and conclusions.
The petition for a hearing is denied.