Eli

The defendants were convicted of the crime of arson upon an information charging them jointly with having, on or about June 7, 1932, feloniously set fire to an apartment house located at Huntington Beach, California, then and there kept by one Jess Sibley. This appeal is taken by both defendants from the judgments and orders denying their motions for new trial.

The only error assigned consists of a certain ruling admitting evidence over the objection of the defendants. During the trial of the case one of the principal witnesses for the People was the deputy district attorney of Orange County, who testified to a conversation with defendant Eli, wherein the defendant made statements amounting to a confession. This statement or confession had been previously reduced to writing by a reporter. The People, during the trial, offered this statement or confession of defendant Eli, to which counsel for defendants objected on the ground that it was not free and voluntary, and offered to introduce testimony in support of this contention. The court overruled the objection, declined the offer and the confession was read in evidence. Was this prejudicial error?

In People v. Gibson, 28 Cal.…