Dossett

This is an appeal from a judgment entered upon a jury’s verdict which found appellant guilty of a violation of section 288 of the Penal Code.

The determinative question on this appeal is whether a confessionary statement which was read into evidence was voluntary. The statement was taken in the sheriff’s office the morning after appellant was arrested. Appellant objected to the statement herein being read into evidence on the ground that no proper foundation had been laid to show that it was voluntary. The reporter who took the statement testified that no promises were made to appellant, but said that she did not believe that appellant was advised that he did not have to *613 make a statement or that anything he said might be used against him. Before a statement in the nature of a confession is admissible in evidence, the prosecution must show that it was voluntary. (People v. Speaks, 156 Cal.App. 2d 25, 36 [ 319 P.2d 709 ]; People v. Jones, 24 Cal.2d 601, 608 [ 150 P.2d 801 ].) However, when the reporter was asked if appellant was threatened in any manner, appellant objected on the ground that the question called for a conclusion of the witness. The reporter was then asked if…