Groves

Defendant appeals from a judgment entered on a jury verdict finding him guilty of the second de *1197 gree burglary of a telephone booth (Pen. Code, §459). He contends that his arrest and the search incident thereto were unlawful and that the trial court therefore erred in admitting into evidence certain items seized during the search.

Late in the afternoon of December 9,1966, Mrs. Koonce and Mrs. Peters, employees at the University of California Hospital in San Francisco, heard an alarm indicating that someone was tampering with a coin receptacle in a telephone booth opposite their office. They saw a man. sitting inside the booth and another man standing outside it with an overcoat over his arm. Mrs. Koonce asked the men if they had taken money from the telephone, and one of them said “No.” As the men turned and walked quickly away, Mrs. Koonce heard a sound like jingling money coming from the overcoat. After the men left the building, she saw them running down the street. The coin receptacle was missing from the booth.

On separate occasions a San Francisco investigator for the telephone company showed three-photographs to Mrs. Koonce and Mrs. Peters. Neither was present when…