ird version of the events occurring on November 14th and 15th.
Defense counsel made a pretrial motion to suppress evidence, which the court denied. The propriety of this denial is not attacked on appeal.
At the trial, upon the examination of Sgt. Svidal and at the commencement of an inquiry concerning the events occurring when the officers went to defendant's residence on the evening of December 23d, defense counsel sought and obtained permission to approach the bench where he said: "Your honor, if the court will recall, I made a motion under 1538.5 PC to suppress any evidence that was obtained at this particular entrance into the house and I based it on the fact that the defendant had not been advised of his Fourth Amendment rights pursuant to the Constitution. Now the motion was not granted, but for purposes of protecting the record and preserving that motion, I would ask that either I be permitted to voir dire the officer if he did in fact so advise the defendant or if the District Attorney *1013 would so at this time, so I can make my motion for the record."[2] The district attorney responded with a stipulation Sgt. Svidal did not at any time advise defendant the latter had a right to refuse to consent to a search of his premises. Thereupon, defense counsel stated: "I will make my motion to suppress or object to the evidence at this time and may I make that just a continuing motion, your Honor, even at the time he was arrested they did not." Thereupon the court stated: "The motion will be denied."
(1a) Defendant contends the court denied his trial motion to suppress without granting him a hearing. This contention disregards the law and the facts in the premises. At trial defendant sought only to establish he had not been advised he had a right to refuse to consent to a search of his residence; obtained a stipulation effecting this purpose; and thus eliminated the need for a voir dire examination. Thereupon he made his "motion to suppress or object to the evidence" without specifying any grounds. The failure t