Haynes

— Defendant Otis Darnell Haynes and Patricia Sue Johnston were accused in four counts of a violation of section 182 of the Penal Code (conspiracy to commit forgery), and with violations of section 470 of the Penal Code (forgery). Defendant’s motion to set aside the information under Penal Code section 995 was denied and the defendant pled not guilty to all counts. The cause came to trial on June. 1, 1965, and a jury was sworn. On June 3, 1965, both defendant Haynes and codefendant Johnston moved that the statements of codefendant Johnston not be admitted because they were not made voluntarily; the court found they were freely made and the motion was denied. Defendant’s motion to sever under section 954 of the Penal Code was also denied.

The statement was admitted, accompanied by an appropriate instruction that it was admissible only against Miss Johnston and not against Haynes. Other evidence, tending to show Miss Johnston’s guilt and, to some extent, implicating Playnes, was introduced. On June 7, 1965, the prosecution case being otherwise complete, the People dismissed as to Johnston, under section 1099 of the Penal Code, and she was called as a witness for the prosecution and…