People v. Miller

*222Opinion

TOBRINER, J.

While driving in South San Francisco in the early hours of December 14, 1969, Robert Miller ran out of gas and brought his car to a stop in an abandoned private parking lot. Believing that no help would be available until dawn, he bedded down in the front seat to await an opportunity for assistance. At 3 in the morning a sergeant of the local police observed Miller’s car in the lot and upon closer examination discovered Miller in the front seat.

When the sergeant first saw the vehicle some electronic and musical equipment lay on the back seat; Miller himself occupied the…