Reed

Pursuant to an indictment charging that the defendant, on December 7, 1923, in the county of Kings, committed the crime of burglary, defendant was tried and convicted. He appeals from the judgment and from an order denying his motion for a new trial.

An important part of the evidence, without which we cannot say that probably the defendant would have been convicted, consisted of a statement made by him while in the custody of the sheriff. The statement was made to the district attorney in the presence of several officers and other persons, and amounted to a confession of guilt. The defendant objected to this evidence upon the ground that the corpus delicti had not been proved, and on the further ground that any statement made by the defendant was made following a promise of immunity from prosecution, which promise was made by the district attorney to the defendant.

Evidence had been introduced tending to show that on the night of the alleged burglary certain goods had been taken from the store of the J. S. Williams Company, in the city of Hanford, without the knowledge or the consent of the owners, and that the person or persons who took away said goods had obtained entrance to…