People v. Fields

Defendant was convicted after a trial by jury of burglary (Pen. Code, § 459), rape by use of threats (Pen.Code, § 261, subd. 4), and oral copulation (Pen. Code, § 288a). He appeals from the judgment.

In the early morning hours of January 28, 1967, Mrs. Alicia Martin was awakened by a man standing over her shaking her shoulders to “wake up.” Mrs. Martin was able to view the man’s face for approximately 30 seconds from a distance of three feet before the man blindfolded her with a lady’s stocking, tied her hands behind her back and removed her sleep robe. This view was facilitated by…