Costa

The defendant, Annibal Costa, and one Jack Sanders were charged jointly with the crime of an assault with a deadly weapon, alleged to have been committed upon the person of James M. Page. Sanders entered a plea of guilty," but Costa stood trial, was found guilty as charged, and has appealed from the judgment of conviction and the order denying his motion for new trial.

Appellant’s conviction was based upon evidence showing that he had aided and abetted in the commission of the crime. Part of such evidence consisted of incriminating admissions amounting to a confession of guilt, made by him to Thomas F. Gallagher, a police inspector, the day following the assault, and related to the jury by Gallagher after preliminary proof had been adduced to the effect that the same were made freely and voluntarily, without previous inducement, promise of leniency, and not by reason of duress, intimidation, or threats. As grounds for reversal, appellant contends that despite the preliminary proof mentioned, other evidence was adduced showing that said admissions were obtained from him while he was suffering from the effects of corporal punishment inflicted upon him the day before by J. G.…