Beghtel

This case now comes before this court for the second time, having once been decided in People v. Beghtel, 164 Cal.App.2d 294 [ 330 P.2d 444 ], filed October 16, 1958. We denied a rehearing November 5, 1958, and our Supreme Court denied a hearing on December 10, 1958. Appellant’s petition for a writ of certiorari to the United States Supreme Court was denied by that court on March 2, 1959. (Beghtel v. California, 359 U.S. 930 [ 79 S.Ct. 615 , 3 L.Ed.2d 632 ].) Nevertheless, on July 1, 1965, we entered our order recalling the remittitur filed herein by reason of the dictate of Douglas v. California, 372 U.S. 353 [ 83 S.Ct. 814 , 9 L.Ed.2d 811 ].

Counsel representing appellant on the instant appeal have performed their duties in an extremely conscientious and workmanlike fashion. However, by way of assignment of error they have been able to suggest only (1) insufficiency of the evidence to support the judgment, and (2) violation of the rule enunciated in Griffin v. California, 380 U.S. 609 [ 85 S.Ct. 1229 , 14 L.Ed.2d 106 ].

Our prior opinion herein fully sets forth the facts and our reasons for rejecting the claim of insufficiency of the evidence. Since no purpose would be served…