Ferguson

The defendant was found guilty, by jury verdict, of two counts of first degree burglary (Pen. Code, § 459). The information charged and the jury found that he had been armed with a deadly weapon, to wit, a butcher knife, at the times the offenses were committed. Probation was denied and defendant was sentenced to state prison. He appeals from the judgment.

Approximately 45 minutes before dawn on July 9, 1967, defendant, by forcing bedroom windows, entered two residences on South Hooper Street in Los Angeles belonging to the Page and Anderson families. He took a butcher knife from the kitchen of the Page house, the first house he entered, and kept it until the time of his arrest. Members of both families identified the defendant at the trial. Although the light was dim at that hour, the victims had sufficient opportunity to observe defendant. The police arrived shortly after the burglaries in response to a call by Mr". Page, and apprehended defendant after a short chase. His attempt to dispose of the butcher knife was unsuccessful.

After the officers had handcuffed defendant and placed him in their automobile, Mr. Page, who had been watching from his front porch,…