Arketa

After a trial by jury, the defendant was convicted of burglary in the second degree. He appeals from the judgment. His sole contention before us is that the court committed reversible error in admitting against him evidence obtained by illegal search and seizure.

At some time between 3:45 a. m. and 6 a. m. on August 11, 1961, Chris’ Coffee Shop in Santa Kosa was broken into and money totalling approximately $387 taken from a jukebox and two cash drawers in the upstairs office. When the owner opened the restaurant at 6 a. m. he discovered that the money had been taken and notified the police.

The report of the burglary was brought to the attention of Chief of Police Flohr of the Santa Kosa Police Department when he came on duty at 7 -.45 a. m. There had been other burglaries in Santa Kosa during the preceding three weeks, some of them in the vicinity of the above coffee shop. Chief Flohr had been acquainted with the defendant for about 10 years, knew that the defendant had committed burglaries and thefts in the past and knew that he was on parole. In addition, information came to Flohr at the time of the report that the defendant had been seen in the coffee shop at 1 a.m. that…