owner of the cafe.) The party went from the cafe to an all-night theater where they remained until 5:00 o'clock in the morning. Defendant returned to Los Angeles Monday afternoon, October 5th. He was arrested in Los Angeles on November 1, 1942, and taken to the police station where he was questioned by Officers Slager and Tetrich of the Los Angeles police. They asked defendant if he was implicated in any crime committed in San Diego. He told them he was not. The officers insisted that he was and tried to make him say so. When defendant declared he did not know anything about it, they "beat up on" him. Slager used a blackjack and Tetrich hit him with his fists. He was beaten twice a day forthree days. On November 4th, Slager and Tetrich took defendant to a room in the Hall of Records and had started to beat him as they had before, when Officer Blucher of San Diego came into the room with several Los Angeles officers. Blucher told him that some people had seen him in San Diego near the place where the Chinese was shot, that one of the boys involved was caught and one of them escaped, and that he was being accused. Defendant told him he might as well tell them he "had been with the man that shot Abraham Lincoln" as to tell him *606 he had been involved in anything of that sort. Tetrich was standing on one side of him and Slager was on the