Talley

Curtis Franklin Talley and Elwood Talley, Jr., were charged with two counts of burglary (Pen. Code, § 459). The public defender was appointed to represent them. A jury trial was waived, and the matter was submitted on the *833 preliminary hearing transcript with the right reserved to offer additional evidence. The court found each defendant guilty on each count. A motion for a new trial was denied, and defendants appeal from the judgments of conviction.

They contend that evidence obtained in an unlawful search and statements inadmissible Tinder Escobedo v. Illinois, 378 U.S. 478 [ 12 L.Ed.2d 977 , 84 S.Ct. 1758 ], were improperly admitted at their trial. We have concluded that the search was lawful, that it was error to admit the statements, and that the error was prejudicial as to Curtis on both counts but was harmless as to Elwood.

On March 24, 1964, Otto Giljohann locked the doors to his clothing store in Long Beach. The next day he found a door to the store open and merchandise missing.

On March 30, 1964, Los Angeles Police Officer Garrahan was told by an informant that defendants had been involved in many burglaries in the Long Beach area and “were taking TVs, men’s…