Rosenfield

Defendants Peggy Rosenfield and Terry McGuire were indicted on September 24, 1964. The first three counts of the indictment accused said defendants of burglarizing the apartment of one Charles Payton, robbing Payton and assaulting him with a deadly weapon. The fourth and fifth counts of the indictment accused defendant Rosenfield of burglarizing the apartment of John Capiti and assaulting Capiti with a deadly weapon.

Upon motion, the court severed the final two counts.

The trial proceeded on the first three counts of the indictment. The jury found both defendants guilty of burglary and robbery and, as to the third count, found both defendants guilty of the lesser included offense of assault by means of force likely to produce great bodily injury. Both defendants moved for a new trial, and the court denied said motions as to the burglary and robbery and dismissed the third count of the indictment. Judgment was entered in accordance with the verdict, and both defendants filed notice of appeal therefrom.

The evidence adduced on the part of the People may be summarized as follows: At approximately 8 :30 or 9 p.m. on August 13, 1964, Charles Payton entered the Booker T. Washington…