Reed

Trial by jury having been ‘duly waived, appellant was tried by the court and found guilty of first degree burglary and assault with a deadly weapon as charged in the two separate counts of the information. The judgment decrees that appellant “be punished by imprisonment in the State Prison for the term prescribed by law, on said Counts.”

Appellant’s contentions on this appeal from the judgment are: (1) that the evidence is insufficient to support the finding that he was guilty of burglary; and (2) that the court erre'd in leaving it to the Parole Board to determine whether the sentences on the two counts should nin consecutively or concurrently. The briefs indicate no material disagreement concerning the facts.

On the night of July 3, 1964, Henrietta Willis was visiting at the home of Josephine Melvin. During this visit Mrs. Willis answered a telephone call at the request of Mrs. Melvin. Appellant was the caller. Apparently recognizing Mrs. Willis’ voice, he threatened her by saying, “Shu, you black bitch, if you don’t stop messing in my business, I’m going to kill you.”

Appellant vigorously pursued his demand to speak to Mrs. Melvin and asserted that he was determined ”to…