Hutson

Norman Hutson was charged by information with three counts of burglary. After a jury trial he was found guilty on all three counts. His motion for a new trial was denied and judgment was pronounced. He has appealed from the order denying his motion for a new trial.

Appellant does not challenge the sufficiency of the evidence to sustain the convictions but bases his appeal upon two major contentions:

Before discussing these contentions we shall summarize the evidence as shown by the record insofar as it is relevant to the arrest and the search.

Officer Thomas of the IJkiah Police Department observed appellant at 4 a. m. standing near a telephone pole close to the entrance of the Diamond Match Company. The Diamond Match Company is located in an area frequented by drunks and hobos and approximately one-half block from the railroad tracks. He noticed that appellant seemed to be observing him. The officer then saw a second man come out of the shadows and saw both men start to walk toward the railroad tracks. Appellant was carrying a brown burlap sack over his shoulder. The second man, one Cooper, was carrying a blue bag and a brief ease. The officer stopped the two men. They told…