Graney

Defendant as charged in an indictment, was convicted of the crime of attempted robbery, and prosecutes this appeal from the judgment thereon pronounced against nim.

[1] On the afternoon of October 2d, four men, all of whom were armed, entered the First National Bank of Hynes and attempted to rob the same. One of them, Dave Curry by name, was captured while engaged in the felonious act. On the following day, defendant and two other men were arrested as participants in the commission of the crime. In company with Curry, they were taken to the office of the sheriff, at which time Curry admitted his guilt and, in the presence of defendant, stated the latter was a full participant therein. During the examination of Curry, the question was asked: “Did you have any talk together as to what you were going to do or where you were going?” in response to which Curry said, “No.” And continuing, the interrogator stated: “Something had been said, wasn’t there? What did you say to one another?” whereupon defendant interposed, saying: “Our counsel gave us orders not to talk about the case until we were taken into court.” The interrogation of Curry proceeded, and upon the completion of his…