Thomsen

Defendant appeals from a judgment entered by the court following a trial without a jury, of violation of section 211a of the Penal Code, armed robbery, count one, and violation of section 182 of the Penal Code, conspiracy to commit armed robbery, count two.

The San Francisco police were told by an informer, telephoning from British Columbia, that defendant, who could be located at the Del Webb Motel, San Francisco, had committed or was about to commit an armed robbery. The call came during the night, and the police placed defendant’s room under surveillance until 8:30 a.m. when two inspectors had a maid open the door and admit them. They placed defendant under arrest, searched him and found a car rental contract with Hertz Fresno agency, and a key to a Mercury automobile. They used the key to open the automobile, which bore a British Columbia license plate and was parked at the motel, and found a box of ammunition. Because defendant gave varying accounts of his recent activities and the car rental agreement was for a Thunderbird automobile while defendant was driving a Mercury, the San Francisco police called the Fresno police to see if defendant was wanted.

In the meantime,…