Foster

Two sets of brothers are the main actors here, one set being the intended victims of a burglary, the other, appellants convicted of that crime. The “victims” (it is ironic to call them so, in view of the result) were asleep in their room on the second story of a motel, at about 7 o ’clock in the morning. One of them (hereinafter called the victim) awoke to find a man, whom he identified as appellant Carl Foster, kneeling at a night stand in the room, trying to open its drawer- In the stand was the victim’s wallet. The victim pounced on the intruder and the two wrestled to the door, then outside onto a porch, where the victim bent Foster over the rail. The victim’s brother then came to his and together they tried to pull Foster back into the room. At this point, Cecil Foster came up and slashed at the victim with a penknife, inflicting minor wounds. Both escaped, but Carl’s coat was torn off, and in it was found a receipt of an Oakland hotel. The Fosters were seen to run to an automobile which was driven away by a third man. Deduction was brought into play, and the Fosters were arrested while they were leaving the Oakland hotel room, *277 their arms laden with clothes. A third man…