Ayhens

The defendant, jointly with one Charles Miller, was charged with the crime of burglary. He was convicted, upon a separate trial, of burglary in the first degree, and sentenced to fifteen years in the state’s prison at San Quentin.

The testimony of the arresting officer with reference to a conversation which he had with the codefendant Miller at the time of the arrest and not in the presence of the defendant was not objected to at the trial, and the error in the ad-' mission of this testimony cannot now be considered.

Shortly after the commission of the burglary Police Officer Frank Anderson, while patrolling his beat, encountered the defendant and Miller. Their conduct was such as to attract the attention and arouse the suspicion of the officer. Upon the approach of the officer the defendant fled, and an imme díate search of Miller’s person revealed a box of cigars, which was subsequently identified as having been stolen from the premises charged to have been burglarized. Miller was placed under arrest and taken to the city prison in a patrol wagon. The arresting officer was permitted to testify, over the objection of the defendant, that immediately after Miller had been booked…