McDowell

Defendant appeals from a judgment entered upon a jury verdict convicting him of robbery of the first degree and assault with a deadly weapon.

On Sunday morning, October 13, 1963, 1 about 4:30, Yellow Cab driver Adams was dispatched to 819 Broekhurst Street, *56 Oakland. Appellant came out of the house at that address, entered the cab and was driven at his direction to 1925 13th Avenue, Oakland.

Upon arriving there, appellant held up Adams at gunpoint, obtained his money, and ordered him to drive off. Instead of going forward, Adams attempted to back the cab into appellant. The latter jumped up on the sidewalk and fired one shot toward Adams. Appellant ran up some stairs and fired one inore shot before disappearing from the cab driver’s view. Neither shot hit Adams or the cab.

Adams testified to the foregoing facts at the trial. Inspector McConnell of the Oakland Police Department then testified to a signed statement taken from appellant on October 28.

The following portions of the statement were read to the jury: “ ‘I was living at the California Hotel [in Oakland] from Labor Day until after October the 8th or 9th and I went to Los Angeles. It was on Tuesday [October 8]. I…