Crumbey

Defendant and one Gullick were accused by information of the crimes of assault with a deadly weapon with intent to commit murder, burglary and kidnaping for the purpose of robbery. A jury found them guilty of assault with a deadly weapon and burglary. The defendants appealed from the judgment and order denying them a new trial. The judgments and orders denying defendants a new trial were reversed. (People v. Gullick, 55 Cal.2d 540 [ 11 Cal.Rptr. 566 , 360 P.2d 62 ].)

Thereafter, the defendants were accused by an amended information of the crimes of assault with a deadly weapon and burglary. Trial by jury was duly waived. Defendants were found guilty as charged. Probation reports were ordered. Grumbey’s motion for a new trial was denied; he was denied probation and sentenced to the state prison. He appeals in propria persona from the judgment and the order. Gullick has not appealed. Grumbey applied to this court for appointment of counsel. After reading the record and determining that the appeal was wholly without merit, the application was denied. Grumbey has filed a brief in propria persona.

There was evidence of the following facts. Theodore Grant testified that he had…