Haflinger

Appellant was found guilty by a jury of the crime of robbery in the second degree. One Guy Sweinhart was walking with a lady along the ocean front between Venice and Ocean Park about 9:15 P. M. on October 12, 1927, when he was robbed at the point of a revolver in the hands of Melton Ball. The appellant, Ball, and one Russell, were jointly accused of the crime. Sweinhart testified that as he walked along he saw three men ahead of him leaning over the railing by the sidewalk. As he passed them one of the three, identified as the defendant Ball, drew the weapon, placed it against the witness’ stomach, and took his watch and a small amount of cash. The witness could not identify the other two men.

In his brief appellant states: “So the issues narrow themselves down to the questions: Whether the confession introduced was free and voluntary, and whether the court erred in proceeding with the trial in the absence of appellant’s counsel and without seeking appellant’s permission to so do.”

Evidence was introduced by the prosecution to prove the confession was free and voluntary, while evidence to the contrary was presented by the defendants. It was the duty of the trial judge to…