defendant for some time, and that on Sunday evening, about three hours before the shooting, he saw defendant with Baa and another man walking together. The witness asked defendant where he was going and defendant said he was going "to knock over, to knock out a job" and that he "would have to get some money before daylight in the morning."
 DeHart Box, a friend of Wysinger called by the prosecution, testified that he saw and talked to defendant at the Dew Drop Inn about fifteen minutes before the shooting. Defendant told Box "he had won $86 and was going home." Box stated that he and defendant left the Dew Drop Inn together, that as they came out he saw a person who looked like Charles Baa standingnear the entrance to the restaurant, and that "he was just standing there. He didn't speak or say anything." Defendant and Box walked down the street together and stopped at a near-by poolroom where they parted. About ten minutes later Box heard a shot. The witness was confused as to times and places, and his testimony, which is conflicting, is here stated most favorably to the prosecution.
 [1] The foregoing evidence is clearly insufficient to establish that defendant was guilty of any of the offenses charged. The only other evidence connecting defendant with the crime was an oral confession which Officer Wells of the San Diego Police Department testified defendant freely and voluntarily made to him on November 7, 1942, at police headquarters in San Diego. Prior to