Grafft

Defendant were jointly charged by information with murder, tried together, and convicted of murder in the second degree. Defendant Grafft appeals from the judgment, and defendant Dunn from the judgment and order denying his motion for a new trial. Grafft bases his appeal upon the insufficiency of the evidence and alleged errors of law. Dunn seeks reversal solely upon the ground that his confession, introduced against him, was procured through inducement and intimidation.

Chow Wing Hop, known as Wing Hop, kept a grocery-store at Coalinga, Fresno County. Near the store was a blacksmith-shop and radio station. At the front of the store was a porch, the floor of which cleared the sidetvalk by about two feet. On November 10, 1921, between 6 and 6:15 P. M., three young men named, respectively, Mayberry, Bryan, and Davis, in an automobile, stopped at the blacksmith-shop. They noticed another car parked in front of the grocery-store, faced in the same direction as their own. Mayberry alighted and entered the station, while Bryan and Davis remained in the car. A few seconds after, Mayberry heard two screams in close succession. The screams were also heard by Smith, radioman, though he had…