Turnage

Found guilty by jury of first degree murder, defendant appeals, contending that (1) he was arrested without probable cause and that his post-arrest statements were therefore (a) improperly used to support the issuance of a search warrant and (b) erroneously introduced at his trial, and that (2) the trial court erroneously determined that he knowingly and intelligently waived his right to counsel and to remain silent.

For the reasons which follow we have concluded that each of appellant’s contentions must be rejected. Accordingly, we affirm the judgment.

Shortly before midnight on September 24, 1972, the California Highway Patrol, checking on a reported abandoned vehicle which was a traffic hazard, discovered a body, later identified as Albert Hudson, in a ravine alongside McEwen Road near Port Costa, California. The vehicle, subsequently determined to have been owned by the victim, contained bloodstains, an expended .32 caliber casing and a pool of liquid which appeared to be vomit and which contained a large piece of red candy. Five additional expended .32 caliber cartridge cases were found at the scene. The autopsy report indicated that Hudson’s death had been caused…