Holtzclaw

Defendants were convicted of the crime of robbery. They appeal from the judgment of conviction and from an order of the trial court denying their motion for a new trial.

The prosecuting witness, and the sole witness as to the actual facts surrounding the robbery, was one Frank Ito, a Japanese. Over the objection of appellants the trial court required the examination of Ito by means of the English language, and not through an interpreter. It is contended that in this ruling the court abused its discretion. In order to make disposition of the point it will be necessary to quote somewhat voluminously from the record. After the oath had been administered to the witness and after a single question had been propounded to him on direct examination, one of the counsel for appellants asked and obtained leave to examine him in order to ascertain “if he understands what has taken place in the administration of this oath.” The record then shows: “Q. Do you know what the Clerk in this Court just did to you? A. Yes. Q. What did he do? A. Today? Q. Yes, today. A. We have court today. Q. You understand thoroughly, of course, what the Clerk just administered to you? A. No, I don’t know.” At this…