Judgment reversed on the facts and a new trial ordered.
It was error of a highly prejudicial nature for the court to apprise the jury of the intention of the codefendant to plead guilty. Although the court excused the jury while the actual plea was being taken, he again alluded to it in his charge, which did not cure the error but rather accentuated it. Additionally, the comments of the assistant district attorney in summation were highly improper and uncalled for...
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