Hildabrandt

By an information filed on January 8, 1965, the appellant and a codefendant, Lee McMickle, alias Craig Cannon, were charged in two counts of violations of Penal Code, section 211 (robbery), and Penal Code, section 484a, subdivision (b)(6) (unlawful use of a credit card). Both defendants were found guilty of each crime. Application for probation was denied, and defendants were sentenced to state prison. Only the defendant Hildabrandt appeals from the judgment of conviction.

In essence, the appellant contends that certain extrajudicial statements amounting to a confession which were extracted during a post-arraignment interrogation were improperly admitted in evidence during trial because he was not effectively informed of his right to counsel and his right to remain silent prior to making such statements, and because his waiver of these rights was not the result of a free, knowing, and intelligent exercise of his discretion.

A review of the factual background reflects that shortly after midnight on November 8, 1964, a woman employee of the Anaheim Police Department was physically attacked when she returned to her trailer home from work and grocery shopping, and her…