Barnes

By amended information filed by the district attorney, Jack Ray Barnes was charged in Count I with kidnaping in violation of section 207 of the Penal Code, a felony, and in Count II with assault by means of force likely to produce great bodily harm in violation of section 245 of the Penal Code, a felony.

Defendant was represented by counsel and the case was tried to a jury. Defendant was found guilty on both counts. Probation was denied and defendant was sentenced to state prison for the term prescribed by law with respect to each count, with sentences as to each count to run concurrently with each other.

Defendant applied for appointment of counsel to assist him on the appeal. This court having made an independent investigation of the record and having determined it would be neither advantageous to defendant nor helpful to the court to have counsel appointed, denied the application, whereupon defendant prosecutes this appeal in propria persona. Defendant was notified and given ample time to file a brief. None has been filed. However, we have given the appeal full consideration.

The victim was returning home from work on March 1, 1961, at about 1:30 a. m. When she was several…