Bailey

Defendant was charged with two felony

counts: Count 1, attempted robbery of Wilber Bernard *441 Williams while being armed with a deadly weapon in violation of Penal Code sections 211 and 664; Count 2, assault with a deadly weapon upon Wilber Bernard Williams in violation of section 245, Penal Code. Defendant was found guilty on Count 1 and was found to have been armed with a deadly weapon at the time of the commission of the attempted robbery. Defendant was also found guilty on Count 2.

The court denied defendant’s application for probation and sentenced him to the state prison for the term prescribed by law on each count, the sentences to run concurrently. Defendant has appealed.

On July 5, 1963, Wilber Bernard Williams, the victim named in each of the counts, was the manager of the NiteyNite Motel on Figueroa Street in Los Angeles. At approximately 11 p.m. a man appeared at the registration window and rang the bell. Williams went to the window. The man asked the price of a room which was quoted to him. He said that he had to cheek with his wife and would be right back. A few minutes later defendant came in saying he would like to have a room. Williams turned his back to get…