Fleig

Defendant was tried before a jury and found guilty of a violation of section 245 of the Penal Code (assault with a deadly weapon—count 1), and a violation of section 459 of the Penal Code (burglary in the nighttime while armed with a deadly weapon—count 2), and a second and separate violation of section 459 (burglary in the nighttime—count 3). He appeals from the judgment and sentence.

Counts 1 and

Mrs. Mary Holloway and her children were occupants of a room at the Sacramento Inn, a motel in Sacramento County. Between 4:30 a.m. and 5 a.m. on July 14, 1966, Mrs. Holloway awakened to find a male figure standing between the beds with a knife in his hand. She tossed up her blankets and stood up. There was a brief scuffle and the man fled out the front door, leaving a fingerprint later found to be defendant’s. Mrs. Holloway received a penetrating chest wound, reqxdring hospitalization, and was also cut on the hand. Subsequently it was discovered that her purse was missing, along with articles of clothing belonging to Mrs. Holloway and her daughter. These included brassieres, a half-slip, nylon stockings, and bathing suits. The articles of clothing and purse had been left in various…