In re Wein

In re EDWARD SIMON WEIN on Habeas Corpus.

COUNSEL

Russell E. Parsons for Petitioner.

No appearance for Respondent.

OPINION OF THE COURT

Memorandum

THE COURT.

We treat the petition as a motion to recall the remittitur in People v. Wein, 50 Cal. 2d 383 [326 P.2d 457]. The motion is granted. The remittitur issued on June 27, 1958, is recalled. The judgment is vacated on counts 1, 5, 9, 14, 17, 18, 21, and is affirmed on all other counts. (People v. Daniels, 71 Cal. 2d 1119, 1140 [80 Cal. Rptr. 897, 459 P.2d 225]; People v. Mutch, 4 Cal. 3d 389 [93 Cal. Rptr. 721, 482 P.2d 633].)

Mosk, J., and Sullivan, J., did not participate.