People v. Brown

I dissent.

The precise question involved in this case was decided contrary to the contentions of the defendant by a unanimous court in People v. Coltrin, 5 Cal.2d 649 [55 P.2d 1161], and I can see no good reason or justification for overruling it. This court there construed the statute and the decision has been in effect for over 21 years. In the meantime the Legislature has not changed the law to conform to the views of the present majority of the court, which, contrary to the established law, now proceeds to legislate on the subject and thus to make it easier for a lawbreaker to escape the…