Banks

Appellant was convicted of burglary. His contentions on appeal are first that the trial court erred in admitting certain evidence which appellant argues was the product of illegal search and seizure, and second that the trial court should have instructed the jury on a lesser included offense. We resolve these contentions against appellant and therefore affirm the judgment.

The record discloses these facts: William Shaw parked his automobile on a public street in Oakland. He placed his transistor radio underneath the driver’s seat, locked the car and departed. He returned a few hours later, and found appellant in the front seat of the car. A window of the car had been broken. Appellant jumped out of the car and ran. He was pursued by Shaw and by Police Officer Cheney, who was nearby. Officer Cheney pursued appellant past the St. Julian Hotel and caught him a short distance beyond the entrance to the hotel. Appellant identified himself by name. Officer Kelsey then joined in the investigation. Shaw told the officers his radio was missing. Appellant denied that he lived at the St. Julian Hotel, but search of his person revealed a key attached to a plastic tab bearing the number “20”,…