SCHOTTKY, J.
An information containing two counts was filed against appellant, Count 1 charging him with the crime of burglary and alleging that on the 13th day of July, 1954, he unlawfully and feloniously entered, with intent to commit theft, an apartment occupied by one Inez Kelliher in the city of Sacramento; and Count 2 charging him with the offense of assault with a deadly weapon and alleging that on the 13th day of July, 1954, he wilfully and unlawfully and...
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