Hodge

Defendant appeals from conviction, after jury verdict, of violation of section 459, Penal Code (first degree burglary).

Question Presented

Did the trial court err in admitting a confession allegedly obtained in violation of Escobedo v. Illinois (1964) 378 U.S. 478 [ 12 L.Ed.2d 977 , 84 S.Ct. 1758 ], People v. Dorado (1965) 62 Cal.2d 338 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ], and Miranda v. Arizona (1966) 384 U.S. 436 1 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ].

*660 Evidence

At approximately 6:30 or 7 p.m. on a Friday, Joseph McDevitt, wife and children, left their Piedmont home for the weekend. Two days later, at approximately 10 p.m., they returned. Mrs. McDevitt noticed that the front door of the house was ajar and a piece of furniture had been placed near that door. She then noticed two men coming through the back by a path leading from the family room. When she asked who they were, they did not reply but continued on. She called to her husband to stop them. McDevitt then saw one man run down the street and the other run across the street. McDevitt yelled to the first man to stop and then pursued the second man, running across the street to intercept him. Although…