Savala

Appellant was convicted by a jury of violation of Penal Code section 459, burglary in the first degree. Three prior felony convictions were charged and admitted. He appeals upon numerous specifications of error.

The charge arose out of the burglary of a bar known as the Casa Del Rey during the night of August 14-15, 1967. The charge of first degree burglary was based upon an alleged assault upon the person of one Kenneth King during the course of the burglary.

Substantial evidence, unnecessary to detail here, showed that while appellant and another were in the process of burglarizing the bar they were surprised by King. King resided on the premises, had been awakened by the sound of breaking glass, and had armed himself with a 14-inch knife. As he stepped into the bar from his adjoining bedroom, he saw a man trying to open the cash register. The man, appellant herein, ran towards King, who slashed him with the knife several times. Appellant went past King, ran around the end of the bar, then toward the middle of the room and out through the broken window.

Appellant’s first specification of error lies in the admission into evidence of a statement taken from him by…