Boyington

Defendant was accused in an information in count one of murder, in count two of robbery of one Munsell and in count three of robbing one Randall. He pleaded not guilty and not guilty by reason of insanity. He was found not guilty as to count one. As to counts two and three he was found guilty, and as to each count it was found to be robbery in the first degree. On the issue of insanity he was found sane. From judgments of conviction and order denying motion for new trial. defendant appeals.

As an essential element of proof as to counts' two and three the prosecution was permitted to introduce testimony of a confession which defendant is alleged to have made to the police officers. Prior to the ruling by the court on its admissibility an offer was made of proof to show mental incapacity of defendant not amounting to insanity but materially affecting the validity and force of the declarations. The offer was' rejected and the statements were admitted. A further request was made on behalf of defendant that such evidence be admitted to assist the jury in determining the weight to be attached to the confession, but it was again excluded. This ruling of the trial court was error so…