
    STATE OF HAWAII, Plaintiff-Appellee, v. JOHN ROY MILLER, Defendant-Appellant
    No. 5186
    
      Philip H. Lowenthal, Deputy Public Defender {Donald Tsukiyama, Public Defender with him on the petition) for the petition.
    October 16, 1972
    Richardson, C.J., Marumoto, Abe, Levinson and Kobayashi, JJ.
   Per Curiam.

The petition for rehearing filed on October 10, 1972 by defendant-appellant is hereby denied without argument.

Justices Kobayashi and Levinson who dissented from the majority opinion of the court, do not concur.  