McVey

The defendant and a companion were accused in the information of burglarizing the Hornet Drive-In located at 2336 Pair Oaks Boulevard in Sacramento. The burglars entered the restaurant by forcing one of the doors during the nighttime; they stole a miscellaneous lot of personal property, including a novelty vending machine, an PM/AM radio, a public address system and amplifier, four or five pounds of bacon, a box of frozen cube steaks, and a canned Dubuque ham. On the appeal, it is not claimed that the burglary did not occur as charged. The appeal is based wholly on a contention that the Sacramento deputy sheriffs did not catch the defendant legitimately, and that evidence was improperly admitted of the result of what is claimed to have been an illegal arrest followed by an incidental search.

It will not be necessary to devote any time to the details of the crime itself; it is not questioned that it was committed by the defendant, and he was convicted of burglary in the second degree. If there is to be a reversal, it must be on the ground that the arrest and the contemporaneous search of the van driven by defendant which contained stolen property of the Hornet Drive-In constituted…