People v. Gay

A jury found defendant guilty of burglary (Pen. Code, § 459), assault with a deadly weapon (Pen. Code, § 245), and three sex offenses (Pen. Code, §§ 288a, 286, and 261, subd. 4). He was sentenced to concurrent terms on all five counts, and appeals from the judgment.

The prosecutrix testified that she was awakened at 2 a.m. Sunday by the ringing of her doorbell; a voice said ‘‘ Telegram, Western Union”; she turned on the light and opened the door slightly; defendant pushed through the door, and forced his left arm around her throat. He carried a carving knife in his right hand, and stopped her…