People v. Clark

Defendant was convicted of the crime of burglary in the first degree. A judgment of imprisonment was imposed and he has appealed from that judgment and from an order made denying him a new trial.

The information charged that the crime was committed jointly by three defendants, Jack Clark, Jack Morrell, and Joe Layden. They demanded separate trials and were separately tried and convicted. The appeal of defendant Jack Morrell, (Crim. No. 424 of this court), has been decided this day, ante, p. 729, [ 153 Pac. 977 ], the judgment and order being affirmed. The opinion in that case is fully applicable here, with one exception.

In the Morrell case this court declined to consider the claim of that defendant that certain statements or admissions of the accused were improperly admitted in evidence. For it there appeared that the transcript in that case did not disclose that any objection to that evidence was made at the trial. In the present case objection was made to testimony of the officers concerning statements made by the defendant, or by any of the defendants in his presence, unless it should first be made to appear that the defendants were warned that anything they said might be…