Breen

On this appeal from a judgment of conviction entered on a jury verdict finding defendant, David Breen, guilty of second degree murder (Pen. Code, § 189) and accessory to murder (Pen. Code, § 32), the only question is whether four statements made by defendant after his arrest were admitted in violation of the rule announced in People v. Dorado, 62 Cal.2d 338 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ], and Escobedo v. Illinois, 378 U.S. 478 [ 84 S.Ct. 1758 , 12 L.Ed.2d 977 ].

Since no contentions are raised concerning the sufficiency of the evidence, a brief summary of the facts will suffice. About 12:30 a.m. on February 9, 1964, the decedent, Charles Ross, a Richmond police officer, was on duty near the corner of Ninth and Bissell. At this time, defendant, then 19 years old, and his contemporary, Frank Gomez, were walking in that vicinity on their way to defendant’s home, after drinking at several parties. Both of them appeared to be drunk to the witnesses who saw them stop in front of 916 Bissell Avenue, around the corner from defendant’s apartment at 160 Ninth Street.

Officer Ross’ chief, Sergeant Gustafson, drove by and noticed Ross’ patrol car parked on the wrong side of the street…