Koontz

Statement of the Case

Defendant was charged by information with three counts of assault with a deadly weapon with intent to commit murder in violation of section 217 of the Penal Code and with three separately alleged prior convictions of burglary for which he had served separate terms of imprisonment. Defendant, represented by counsel, pleaded not guilty and denied the priors. After trial by jury defendant was found guilty of “assault with a deadly weapon to commit murder in violation of section 217, Penal Code,” as to counts 1 and 2 and not guilty as to count 3. The jury likewise found, the three prior burglary convictions to be true. Defendant’s motion for a new trial and his application for probation were denied, and he was sentenced to state prison on counts 1 and 2, the court ordering those sentences to be served consecutively. Defendant appeals from the judgment.

Statement of Facts

As to count 1, Jerry Lee Parker testified that on November 16, 1967, while at a bar, defendant placed his hands around Parker’s arm and when asked to remove his hands, defendant did so. After eating a steak, Parker noticed defendant approach Mrs. Soldano with a gun in his hand,…