Valdez

In a nonjury trial the defendant was adjudged guilty of burglary of the second degree. He appeals from the judgment.

Appellant contends that there was no probable cause for arresting or searching him, and that the court erred in receiving in evidence certain articles which allegedly were obtained from him by illegal arrest and search.

Burglary was committed at the office of Mr. Avery, at 936 Huntington Drive in San Marino, sometime after he left his office on the evening of February 24, 1965, and before he returned there on the morning of February 25, 1965, and various articles, including draperies, a silver dollar, and keys, were stolen from the office.

On February 25, 1965, about 12:30 a.m., while uniformed Officer Kaupp was traveling westerly in a patrol car on Hungtington Drive in San Marino, he saw a man, who was carrying a large bundle, running westerly on the sidewalk on that street. The officer drove to the next street intersection, turned his car around the divider (space in middle of street *127 dividing the roadways for westbound and eastbound traffic), and returned to the man (the defendant), who then was walking (instead of running). In answer to questions as to…