Bracamonte

In two counts of an information the defendant was accused of burglary. He admitted allegations of the information that he had been convicted previously of two felonies (burglary, and violation of section 11500 of the Health and Safety Code). In a jury trial he was convicted on both counts, of burglary in the second degree. He appeals from the judgment and the order denying his motion for a new trial.

Appellant contends that there was no probable cause for his arrest, and that the court erred in receiving evidence as to articles obtained from defendant, for the reason such evidence was obtained by illegal search and seizure.

On December 23, 1959, a burglary was committed at the home of Mr. L. R. Smith in Los Angeles, and a “Webcor” phonograph-radio and an “American Flyer” electric train (in an unopened box) were stolen from his home.

On December 27, 1959, a burglary was committed at the home of Mrs. Demytrack, and an “Admiral” table radio, a watch, and some money were stolen therefrom.

In the evening of December 27, 1959, Officers Pearce and Cochran, who were on duty and were traveling in a “plainclothes car,” entered a parking lot on Temple Street. While Officer Pearce was…