Donelson

This is an appeal from a judgment of conviction of rape.

In an information filed in Los Angeles January 22, 1968, defendant was charged with forcibly raping Thelma Lewis on December 30, 1967. Defendant pleaded not guilty. In a non jury trial defendant was found guilty as charged and sentenced to the state prison. A timely notice of appeal was filed.

A résumé of some of the facts is as follows: at about 3:30 a.m. on December 30, 1967, Thelma Lewis was awakened from her sleep when a light in her bathroom was turned out. Mrs. Lewis called out her daughter’s name and then heard an affirmative grunt in an unfamiliar voice. She got out of bed, turned on the bedroom light and defendant came from the bathroom area, put out the bedroom light and lunged at Mrs. Lewis, hit her in the mouth and knocked her onto the bed. *829 Defendant pulled her off the bed, struck her again and demanded that she remove her garments or he would cut her. Defendant forced Mrs. Lewis into the living room, compelled her to lie down on a couch and then with force and compulsion engaged in an act of sexual intercourse with Mrs. Lewis against her will. Mrs. Lewis screamed for defendant to leave her alone and each…