Dye

By indictment of the grand jury, appellant Lloyd W. Dye and one Gordon E. Gauss were accused of the crime of murder, alleged to have been committed by them in the county of Los. Angeles on the eighteenth day of May, 1930, in that they did at said time and place wilfully, etc., kill and murder one Albert Wade Horton. By verdict of the trial jury Gauss was acquitted and Dye was convicted of murder of the second degree. Defendant Dye appeals from the judgment and from an order denying his motion for a new trial.

The first three grounds for reversal, upon which appellant depends, are stated by his counsel as follows:

“One: That an alleged confession of the defendant Dye was erroneously admitted by the court; as the voir dire examination established that it was procured under duress and oppression, and by threats and promises of immunity, made by the arresting officers while defendant was held concealed in solitary confinement, and denied counsel, or the right to communicate with friend or family, and subjected to a most outrageous third degree treatment at the hands of the arresting officers.

“Two: That the evidence admitted by the court over the objection of the defendant Lloyd…