the admission of the purported confession, the trial judge received evidence of the circumstances relating thereto. At the conclusion of this evidence, Officer Wells was permitted to testify, over the objection of defendant, to the oral confession which he stated defendant made to him. The following is a recital in substance of the testimony *605 of defendant given on voir dire examination and as a witness in his own behalf:
 In 1942, defendant was living in Los Angeles where he was employed as a shipping clerk by the California Walnut Growers Association at $59 a week. At the same time he worked at night as assistant manager of the Red Cap Shoe Shine Stands with locations in Hollywood and Los Angeles, for which he received a guaranteed compensationof $30 a week. On Friday, October 2, 1942, he cashed his pay check from the association and left for San Diego to visit his sister. He stayed at her house Friday night. On the night of Sunday, October 4th, defendant went with a party of friends to the "P.D.Q." cafe, which is in the general neighborhood of Fourth and Market Streets in San Diego. The party arrived about 11:30 p. m. and remained until about 2:30 o'clock the next morning. While they were still at the cafe, policemen entered and questioned everyone, including defendant, about the shooting of a Chinese earlier that night. (Defendant was corroborated as to his presence at the "P.D.Q." at the time of the shooting by a member of his party and the