Garner

This matter is before this court following decision of the Supreme Court of the United States ( 386 U.S. 272 [ 18 L.Ed.2d 41 , 87 S.Ct. 1033 ]) which granted the defendant’s petition for certiorari and ordered that the judgment predicated on the decision of this court ( 234 Cal.App.2d 212 ) be vacated. The case was remanded for further consideration “not inconsistent with the opinion’’ of that court, which in turn recites, 1 ‘ The judgment is vacated and the case remanded for further consideration in light of Chapman v. California, 386 U.S. [18] [ 17 L.Ed.2d 705 , 87 S.Ct. 824 ].”

*422 The history of this case presents a chronological summary of recent developments in constitutional law.

In the early part of July 1960 two automobile agencies in Contra Costa County were burglarized. The relevant facts are set forth in the opinion of this court reported at 234 Cal.App. 2d 212 .

The defendant was arrested on July 11, 1960, and on July 29, 1960 an information was filed charging him with two burglaries, with explosives (Pen. Code, § 464), and four prior felonies, which were subsequently admitted by the defendant. He was found guilty of the burglaries after a trial by jury, and on…