Padilla

This is an appeal from a judgment of conviction of burglary (Pen. Code, § 459).

In an information filed in Los Angeles County on December 12, 1961, the appellant was charged in Count I with assault with intent to commit rape in violation of section 220, Penal Code, in that on or about November 19, 1961, he made an assault upon Stella Bonilla, a female person not then his wife, with the intent and by force and violence to have an act of sexual intercourse with Stella Bonilla; in Count II he was charged with the crime of burglary in that he did on about November 19, 1961, enter the residence of Stella Bonilla with the intent then and there to commit rape; the third count charged the appellant with the crime of assault by means of force likely to produce great bodily injury in that on or about November 19, 1961, he feloniously assaulted Stella Bonilla by means of force likely to produce great bodily injury. A motion under Penal Code section 995 was made by the appellant and granted as to Count III and said count was dismissed. Appellant pleaded not guilty as to Counts I and II and waived a trial by jury. Appellant was represented by counsel at all stages of the proceedings. He was…