PEOPLE v. KLINKENBERG (1949)

Hearing denied by Supreme Court.

Concurring Opinion on Denying Petition for Hearing.

In joining our associates in denying appellant's petition for a hearing in the Supreme Court we deem it proper to point out that on the record before us such denial signifies only that we find no miscarriage of justice apparent on the face of the opinion; in particular, such denial does not constitute an approval of the discussion definitive of circumstantial evidence and relative to the failure of the trial court to give the instructions on that subject as requested. (See People v. Bender 1945, 27 Cal.2d 164, 175–176, 163 P.2d 8; People v. Hatchett (1944), 63 Cal.App.2d 144, 155, 146 P.2d 469; People v. Rayol (1944), 65 Cal.App.2d 462, 464, 150 P.2d 812.)

PER CURIAM.