Warren

Defendant prosecutes this appeal from an order denying his motion for a new trial and from a judgment pronounced against him upon conviction of the crime of grand larceny.

The chief ground, and indeed the only one worthy of consideration, upon which appellant bases his contention for a reversal is that the admission in evidence of defendant’s confession over his objection constituted prejudicial error. Appellant claims that the confession was not made voluntarily, but that he was induced to make it by reason of the chief of police and another officer assuring him (together with other promises which, if made, were sufficient to render the confession inadmissible) that if the valuables stolen were returned and he would “tell the whole business,” the prosecution would be dropped and the case dismissed. Not only did these officers deny making the several statements and representations attributed to them by defendant, and upon the strength of which he claims to have made the confession, but they denied using any language of like import. It thus appears there is a sharp conflict in the testimony of the witnesses upon a question of fact, as to which, like any other disputed fact, the…