Reserva

Defendant appeals from a judgment imposing sentence following his conviction in a nonjury trial of first degree burglary and his admission of three prior felony convictions.

The burglary was proved, and that an identifiable palm print was left on the sill of the window through which entry was made (the found print). The print matched that of defendant taken by the police on June 27, 1968, after his arrest on the burglary charge. Defendant was arrested because the print found on the windowsill had matched a set of his prints that had been in the police records since June of 1957 (the 1957 prints).

Contentions on Appeal

(a) Defendant’s brief on appeal presented only the claim that the arrest of defendant without a warrant required the prosecution to show that the 1957 prints had been legally obtained.

(b) In oral argument, defense counsel raised for the first time on appeal the question whether the mere showing of the existence in the police files of the 1957 prints under defendant’s name afforded probable cause to believe they were the prints of the man under whose name they were filed.

(a)

The theory propounded by defendant is that the prints taken after his arrest…