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Opinion on pages 100 to 112 omitted

MODIFIED AND REPRINTED

THEREAFTER

On June 10, 1970, the Supreme Court upon application transferred proceedings to the Court of Appeal, First District, Division Four, with directions to recall its remittitur, vacate its decision and redetermine the appeal in the light of In re Winship (1970) 397 U.S. 358 [25 L. Ed. 2d 368, 90 S. Ct. 1068].