Bias

Defendant was charged with three felony counts: (1) burglary; (2) violation of section 288a, Penal Code; (3) assault with a deadly weapon. A jury found him not guilty of count (3) but guilty of counts (1) and (2). Prom the judgment entered on the latter, defendant appeals.

Questions Presented

1. Was the prosecutrix an accomplice as a matter of law?

2. Sufficiency of the evidence.

3. Alleged errors in instructions.

4. Admissibility of certain evidence.

5. Did defendant receive a fair trial ?

Evidence

Mary Ellen, 16 years of age, married and about five months pregnant, lived in apartment 25 of the Neptune Court Apartments in Alameda. Her husband was in San Diego on duty with the Navy. About 9:30 p.m. a friend, Laurie Baker, whom she had been visiting, drove her to her apartment. Laurie left about 9 :45 p.m. Shortly thereafter Mary Ellen heard a knock at the door. She asked who it was and a voice said “Jim.” She opened the door and saw defendant who asked if he could come in. Refusing him, she closed the door. About half an hour later, she heard another knock at the door. On opening she again saw defendant. She started to close the door, but defendant said, “Do you want to…