Hill

Under the compulsion of People v. Dorado, 62 Cal.2d 338 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ] appellant’s conviction of kidnaping and second degree robbery must be reversed.

The People’s ease consisted chiefly of the story of one Mack Mills who claimed that on March 14, 1963, appellant pulled his ear alongside Mills’ ear at a signal, pointed a gun at him and demanded money. Mills gave him $30. Appellant said it was not enough, ordered Mills to pull around the corner, got into his car, drove it around a couple of corners and hit him across the head with his gun. Begging for mercy Mills told appellant that he had $300 at home. Appellant then drove to the home and at gun point secured $300 which Mills had on the piano and $50 which he had under a rug. Mills was then driven a couple of blocks away and released. Mills’ testimony was corroborated by a doctor who on March 14, 1963, treated Mills for a cut and hematoma behind his left ear. The wound was one inch long and required five or six stitches.

Mills was not a very reliable witness. He accounted for the cash in his possession by saying he won it gambling. He was most reluctant to admit any prior acquaintance with appellant, stating…