Curry

Pursuant to mandate of our Supreme Court to proceed in accord with Anders v. California, 386 U.S. 738 [ 18 L.Ed.2d 493 , 87 S.Ct. 1396 ] and People v. Feggans, 67 Cal.2d 444 [ 62 Cal.Rptr. 419 , 432 P.2d 21 ], we have recalled our remittitur and vacated our unpublished opinion heretofore filed on September 16, 1964 (petition for hearing denied November 10, 1964), affirming judgment in this ease. Appellant Curry was charged jointly with Abdelkader and Burns with robbery in one count and assault with a deadly weapon with intent to commit murder in a second count. He was tried to a jury with Abdelkader 1 and found guilty of robbery as charged and the degree of the offense fixed as robbery of the first degree and on the second charge found guilty of assault with a deadly weapon, a lesser necessarily included offense. He appeals from the judgment.

The pertinent facts are:

Curry took the witness stand and testified independently of Abdelkader's confession or the testimony of anyone else that after having entered the car with Abdelkader and Burns *789 and after having fallen asleep in the back seat, in pertinent part as follows:

Curry contends the Abdelkader confession violated…