Ricci

This is an appeal from a judgment of burglary conviction. Defendant was tried before a jury.

About 10 p.m. October 7, 1964, the burglar alarm at the Shasta Laundry sounded. William McBride, the night watchman, went to the roof of the building to await arrival of the police. When the police arrived McBride tossed the keys of the building to them and reentered the building. He was walking down a hallway when he saw defendant, who was carrying a flashlight. McBride identified himself as the watchman and defendant turned and ran. McBride talked to the police, who searched the building and the roof. Searching the roof, Officer Link of the Sacramento Police Department found a bag of tools and a pair of gloves. Searching further, he found defendant in a water tank. The officer testified that he looked into the tank and saw defendant’s face “sticking up out of the water.” Officer Link took defendant into custody and brought him into the building. He testified that when McBride, the night watchman, saw defendant he stated: “That’s the man I saw in the hallway” and that defendant made no reply to that statement.

When defendant was brought to the squad car, Officer Link placed the tools on…