Ridley

Donald Ridley and Nathan Moore were found guilty by a jury of first degree robbery of Mike Bennett (count I), assault with a deadly weapon with intent to commit, murder upon Earl Watley and Bennett (counts II and III), and first degree robbery of G. Del Castillo, Henry Sidenfaden, Vincent Palacios, and Mike Makar on (counts IV through VII). Ridley was sentenced to prison on each count, the terms to run concurrently, and he alone appeals.

He contends, among other things, that the court erred to his prejudice in admitting evidence of certain accusatory statements and his responses thereto, and in instructing the jury regarding such evidence. We have concluded that his contention is correct and that the errors resulted in a miscarriage of justice. (Cal. Const., art. VI, § 4½; Fahy v. Connecticut, 375 U.S. 85, 86-87 [ 84 S.Ct. 229 , 11 L.Ed.2d 171 ]; People v. Watson, 46 Cal.2d 818, 836 [ 299 P.2d 243 ].)

The evidence pertaining to counts I through III may be summarized as follows:

About 11:30 a.m. on July 20, 1963, Moore and another man entered Mike’s Loan and Sales Company, a pawnshop in Los Angeles. After talking to the proprietor, Bennett, concerning the purchase of a ring,…