October 5, 1942, as he entered the hallway of the Service Hotel in San Diego. Two men were seen to follow Toy into the hallway of the hotel, and immediately thereafter a shot was heard and two men ran from the hotel into the street. Baa was taken into custody as he attempted to hide from the police under an automobile parked near the hotel entrance. The other man escaped. Baa was identified by Toy and by a hotel clerk as the man who did the shooting. He was also identified by a sergeant of the United States Marine Corps and two police officers as one of the men who ran from the hotel immediately after the shot was fired.
 Defendant was arrested approximately one month later inthe city of Los Angeles where he lived. None of the witnesses who identified Baa as being at the scene of the shooting was able to identify defendant. One of the officers who saw the two men run from the hotel entrance, and who immediately took Baa into custody, said he could not identify defendant as the second man and that to his knowledge the first time he ever saw defendant was in the courtroom. He added that the man being pursued and fired at by his fellow officer seemed to "stagger," "slip" or "drop" in a position as though hit. It was not shown that defendant ever suffered a gunshot wound. The second officer testified he pursued and fired three times at the escaping man, who fell