Hawk

Defendants Hawk and Shirey were accused in three counts of the crime of burglary. It was alleged that the burglaries were committed on or about February 20,1958. Hawk pleaded guilty. In a trial by jury Shirey was found guilty on the three counts. Shirey appeals from the judgment and sentence.

Appellant contends that he was denied due process of law in that the court permitted “the introduction of a confession obtained as a result of (a) compulsion and duress, (b) promise of reward, immunity or lesser punishment.’’

There was ample evidence that between sundown of February 19, 1958, and sunrise of February 20, 1958, burglary was committed by breaking and entering (1) the Shrader service station, (2) the office of the Garvan Chemical Corporation, a corporation, and (3) the Flying Saucer Café. (Those places were in or near Compton.)

The owner of the café testified, among other things, that when he returned to the café at 5:20 a. m. on February 20 he found that a padlock had been broken off the door and the door was open; he looked through the window and .saw a man who was crouched by the door—the man was holding a rifle; the witness told the man to come out, but the man did not…