Shirley

Charles Lewis Shirley and two codefendants charged with kidnaping (Pen. Code, § 207), assault with a deadly weapon (Pen. Code, § 245, subd. (a)), and pandering (Pen. Code, § 266, subd. (i)), having waived a jury, were by the court found guilty of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)) and kidnaping (Pen. Code, § 207). He appeals from the judgment of conviction and the order denying a new trial.

At about 10 p.m. on April 2, 1969, Daisy Saburine went to the second floor apartment of Betty Ann Beverly (Betty) on East 115th Street in Los Angeles. She asked for a female acquaintance, one Shirley Hall (Hall). At approximately midnight, appellant; Richard Dove (Richard), and Hall entered the apartment. The five people were in an upstairs bedroom talking. Hall, and Daisy were arguing over the fact that Daisy had not gone out prostituting with the others the night before. Daisy said, “ T don’t have to go out with you,’ ” and “ T don’t have to listen to this, and I’m going to leave.’ ” When Daisy started to leave, Hall began to beat her. Appellant, Richard, and Betty assisted Hall. Appellant hit Daisy in the mouth, cutting her…