Kinard

The defendant and appellant herein was , charged with, and found guilty of burglarizing a service station, a violation of Penal Code section 459, and the attempted burglary of a market; was sentenced to prison; and appeals from the judgment of conviction.

The sole question raised upon appeal is whether certain evidence introduced over objection was obtained in violation of the constitutional guarantee against unlawful searches and seizures.

After the defendant’s arrest a police officer went to 1851 Logan Street, in San Diego, which was the home of the defendant’s mother-in-law and the address he had given as his residence; there interviewed the defendant’s sister-in-law, a Mrs. Flores, the latter’s brother and other relatives; told them that the defendant had been arrested for burglary ; asked if he lived at the address in question and received an affirmative reply; asked to see his belongings and was given a suitcase which the officer searched; inquired whether the defendant lived anywhere else; was told that he had been given permission to stay at 1809 Logan Street, which was Mrs. Flores’ home, as she was residing with her mother due to an accident. At the trial the officer…