Elliott

Defendants were convicted of robbing the Broiler Cafe in the city of San Bernardino on the night of July 26, 1929, and were sentenced to serve terms in penal institutions. From these judgments the defendants have appealed.

Appellants rely upon six alleged errors for a reversal of the judgments. We will consider them separately as presented.

Appellants complain of the introductions of their confessions because they maintain that they were given under promise of immunity or reward. Each defendant was very willing to admit his participation in the crime at about the time of, and immediately after, his arrest. The confessions were made separately and to a large number of witnesses, both officers of the law and others. In each case the witness laid a proper foundation for the introduction of the confession by testifying to facts showing that it was freely and voluntarily made. No objection was made to the introduction of the evidence of the confession, and the question of its being given under a promise of immunity or reward did not appear in the case until- the People had rested and the defendants were testifying in their own behalf. The evidence went before the jury without…